Buford V, United States Essays - Buford V. United States

Buford V, United States Brief of BUFORD v. UNITED STATES Certiorari to the united states court of appeals for the seventh circuit No. 99-9073. Argued January 8, 2001--Decided March 20, 2001 TYPE OF CASE. This case has to deal with the certiorari (Latin for to be informed) from the United States Court of appeals for the seventh district. This case raises a question of the sentencing laws. What is the standard of review as it applies when a court of appeals reviews a trial courts Sentencing Guideline determination as to whether an offenders prior convictions were consolidated, hence related, for purposes of sentencing? In particular, should the appeals court review the trial courts decision deferentially or de novo? FACTS OF THE CASE The trial court decision at issue focused on one aspect of the United States Sentencing Guidelines' treatment of career offenders, a category of offender subject to particularly severe punishment. The Guidelines define a career offender as an offender with at least two prior felony convictions for violent or drug-related crimes. United States Sentencing Commission, Guidelines Manual ?4B1.1 (Nov. 2000) (USSG). Petitioner Buford pleaded guilty to armed bank robbery. At sentencing, the Government conceded that her four prior robbery convictions were related, but did not concede that her prior drug conviction was related to the robberies. The drug crime (possession of, with intent to deliver, cocaine) had taken place about the same time as the fourth robbery, and Buford claimed that the robberies had been motivated by her drug addiction. But the only evidentiary link among the crimes was that the police had discovered the cocaine when searching Buford's house after her arrest for the robberies. Moreover, no formal order of consolidation had been entered. The State had charged the drug offense in a separate indictment and had assigned a different prosecutor to handle the drug case. A different judge had heard Buford plead guilty to the drug charge in a different hearing held on a different date; two different state prosecutors had appeared before the sentencing court, one discussing drugs, the other discussing the robberies; and the sentencing court had entered two separate judgments. Petitioner Buford pointed out that the State had sent the four robbery cases for sentencing to the very same judge who had heard and accepted her plea of guilty to the drug charge; that the judge had heard arguments about sentencing in all five cases at the same time in a single proceeding; that the judge had issued sentences for all five crimes at the same time. The Court of Appeals found the functional consolidation question a close one, and wrote, The standard of appellate review may be disparities. 201 F. 3d, at 940. It decided to review the District Court's decision deferentially rather than de novo. Id., at 942. And it affirmed the trial courts sentencing. LEGAL ISSUE Should the Seventh Circuit Court consider the convictions of the robberies and drug charge sentence as consolidated for sentencing, and hence related, even if a sentencing court did not enter a formal consolidation order due to logically related and sentencing was joint. This case concerns functional consolidation. and decide whether Buford's five 1992 Wisconsin state-court convictions were related to one another, and consequently counted as one single prior conviction, or whether they should count as more than one thus allowing stricter sentencing guidelines. HOLDING AND DECISION The Seventh Circuit Court believed that the Appellate Court was right to review this trial court decision deferentially rather than de novo. The need for special competence of the district court helped to make deferential review appropriate. That is to say, the District Court is in a better position than the Appellate Court to decide whether a particular set of individual circumstances demonstrates functional consolidation. In addition, factual nuance may closely guide the legal decision, with legal results depending heavily upon an understanding of the significance of case-specific details. See Koon v. United States, supra, at 98-99 (District Court's detailed understanding of the case 2before it and experience with other sentencing cases favored deferential review); Cooter & Gell v. Hartmarx Corp., 496 U. S. 384, 403-404 (1990) (fact-intensive nature of decision whether to impose sanctions under Federal Rule of Civil Procedure 11 made deferential review

Example Sentences of the Verb Have for ESL

Example Sentences of the Verb Have for ESL This page provides example sentences of the verb Have in all tenses including active and passive forms, as well as conditional and modal forms. Base Form: havePast Simple: hadPast Participle: hadGerund: having Present Simple We often have guests over for dinner. Present Simple Passive Showers are often had in the morning. Present Continuous Peter is having breakfast at the moment. Present Continuous Passive Breakfast is being had in the dining room this morning. Present Perfect He has had a lot of luck! Present Perfect Passive Meals have been had in the dining room this month. Present Perfect Continuous We have been having problems for a while. Past Simple Alice had a shower before she left for work. Past Simple Passive Lunch was had on the balcony last Saturday. Past Continuous We were having lunch when she telephoned. Past Continuous Passive Lunch was being had when she telephoned. Past Perfect Oliver had already had lunch when I arrived. Past Perfect Passive Lunch had already been had when the guests arrived. Past Perfect Continuous Susan had been having a hard time when Peter decided to give her a helping hand. Future (will) You will have a good time! Future (will) passive A good time will be had by all! Future (going to) We are going to have a great time at the park. Future (going to) passive A great time is going to be had by all the guests. Future Continuous This time tomorrow we will be having lunch on the beach. Future Perfect She will have had her meeting by the time he arrives. Future Possibility She might have an appointment later today. Real Conditional If she has any problems, she will ask Jack for help. Unreal Conditional If she had any problems, she would ask Jack for help. Past Unreal Conditional If she had had any problems, she would have asked Jack for help. Present Modal You can ask the doctor for advice. Past Modal You must have had a wonderful time! Quiz: Conjugate With Have Use the verb to have to conjugate the following sentences. Quiz answers are below. In some cases, more than one answer may be correct. Meals _____in the dining room this month.We often _____ guests over for dinner.We _____ problems for a while.Oliver _____ already _____ lunch when I arrived.You _____ a good time!This time tomorrow we _____ lunch on the beach.If she _____ any problems, she would have asked Jack for help.Lunch _____ when she telephoned.Alice _____ a shower before she left for work.He _____ a lot of luck in his life. Quiz Answers have been hadhavehave been havinghad hadwill havewill be havinghad hadwas being hadhadhas had

The Importance of Studying Information Systems for a Marketing Student Research Paper

The Importance of Studying Information Systems for a Marketing Student - Research Paper Example It is concerned with activities such as planning, promotion, and selling of services or goods with the aim of satisfying the customer needs and meeting business objectives of an organization. According to my findings from the aforementioned interviews, slight changes in practice and theory of marketing over the years have had a great effect in reshaping companies. Consequently, these changes have also been evident information systems utilized in various business environments. Most companies in various industries have been faced with the problem of controlling the ever increasing volume of information. This is because of the rapidly expanding information processing requirements that are due to their competitive environments becoming more volatile and dynamic. In order for companies to be able to handle the increasing internal and external flow of information, it is important that they embrace and make good use of the opportunities offered by IS. Marketing information is no exceptions and thus managing such information by means of Information Technology is one of the most critical elements of efficient and effective marketing. Information related to marketing includes all terms of facts, date, view, opinion, policies and guidelines, which are necessary for making vital marketing decisions. This data is collected from competitors, customers, government sources, sales staff and other company staff, and from specialized sources and agencies.This will also enable them to improve quality too.... Consequently, these changes have also been evident information systems utilized in various business environments. Most companies in various industries have been face with the problem of controlling the ever increasing volume of information. This is because of the rapidly expanding information processing requirements that are due to their competitive environments becoming more volatile and dynamic. In order for companies to be able to handle the increasing internal and external flow of information, it is important that they embrace and make good use of the opportunities offered by IS. This will also enable them improve quality too. Marketing information is no exceptions and thus managing such information by means of Information Technology is one of the most critical elements of efficient and effective marketing. Information related to marketing includes all terms of facts, date, view, opinion, policies and guidelines, which are necessary in making vital marketing decisions. This data is collected from competitors, customers, government sources, sales staff and other company staff, and from specialized sources and agencies. Through the collection and sharing of such information and by utilizing it in promoting brand and corporate image, Information Systems offers new ways of ensuring improved internal efficiencies of a company. These systems allow for dynamic marketing communication between personnel in accounting, corporate planning, sales promotion and advertising, channels of distribution, product management, and direct sales. There are various types of Information system systems. They can first be classified based on the various levels of operations such as the operational level which requires an operation support information