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Matter of Cabrera

30 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,913 times   101 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

  2. Bearden v. Georgia

    461 U.S. 660 (1983)   Cited 1,413 times   4 Legal Analyses
    Holding that revocation of probation for failure to pay fines, without first considering ability to pay or alternatives to imprisonment, "would be contrary to the fundamental fairness required by the Fourteenth Amendment"

  3. Williams v. Illinois

    399 U.S. 235 (1970)   Cited 866 times   1 Legal Analyses
    Holding that a state cannot subject convicted defendants to a period of imprisonment beyond the statutory maximum solely because they are too poor to pay the fine imposed

  4. Pasquantino v. U.S.

    544 U.S. 349 (2005)   Cited 283 times   5 Legal Analyses
    Holding that "[v]aluable entitlement" to be paid taxes is property

  5. United States v. Munoz-Flores

    495 U.S. 385 (1990)   Cited 143 times   1 Legal Analyses
    Holding adjudication of Origination Clause challenges by the federal courts do not evince lack of respect due political branches of government or lack any judicially manageable standards

  6. U.S. v. Nichols

    169 F.3d 1255 (10th Cir. 1999)   Cited 208 times
    Holding that the purpose of the MVRA is "not to punish defendants or to provide a windfall for crime victims but rather to ensure that victims, to the greatest extent possible, are made whole for their losses"

  7. U.S. v. Behrman

    235 F.3d 1049 (7th Cir. 2000)   Cited 167 times
    Holding that “[a]n agreement waiving appeal from ‘any sentence within the maximum provided in Title 18’ or similar language” waives the right to appeal an order of restitution

  8. State v. Beasley

    580 So. 2d 139 (Fla. 1991)   Cited 160 times
    Holding that a defendant receives constructive notice of the imposition of statutorily mandated fees by virtue of their being published in the Laws of Florida or the Florida Statutes

  9. Dohrmann v. U.S.

    442 F.3d 1279 (11th Cir. 2006)   Cited 104 times
    Holding that Apprendi does not retroactively apply to § 2241 petitions

  10. U.S. v. Leahy

    438 F.3d 328 (3d Cir. 2006)   Cited 91 times
    Holding that restitution ordered as part of a criminal sentence is a criminal penalty

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,712 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 3663A - Mandatory restitution to victims of certain crimes

    18 U.S.C. § 3663A   Cited 5,444 times   36 Legal Analyses
    Granting these categories of restitution to victims "in any case"

  13. Section 3013 - Special assessment on convicted persons

    18 U.S.C. § 3013   Cited 4,817 times   2 Legal Analyses
    Specifying the amount of money courts "shall assess on any person convicted of an offense against the United States"