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Blockburger is the default rule, unless it legislatively intends to depart ; for example, Continuing Criminal Enterprise ( CCE ) may be punished separately from its predicates, as can conspiracy.
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Blockburger and is
The Blockburger test, originally developed in the multiple punishments context, is also the test for prosecution after conviction.
Blockburger and for
In Blockburger v. United States ( 1932 ), the Supreme Court announced the following test: the government may separately try and punish the defendant for two crimes if each crime contains an element that the other does not.
Blockburger and .
In Grady v. Corbin ( 1990 ), the Court held that a double jeopardy violation could lie even where the Blockburger test was not satisfied, but Grady was overruled in United States v. Dixon ( 1993 ).
* Sheldon Blockburger ( b. 1964 ), American decathlete
is and default
If nothing is done, the prospect is that that road will be in default of interest in 1962.
It may have been preceded by an optional " pre-answer " motion to dismiss or demurrer ; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment.
The Common Desktop Environment ( CDE ) is AIX's default graphical user interface.
On a network with many machines it may take several tries before a free address is found, so for performance purposes the successful address is " written down " in NVRAM and used as the default address in the future.
For example, a fund may see that there is a substantial difference between U. S. dollar debt and local currency debt of a foreign country, and enter into a series of matching trades ( including currency swaps ) to arbitrage the difference, while simultaneously entering into credit default swaps to protect against country risk and other types of specific risk.
For example, if a bank, operating under the Basel I accord, has to hold 8 % capital against default risk, but the real risk of default is lower, it is profitable to securitise the loan, removing the low risk loan from its portfolio.
" Nathan Dane, the primary author of the Northwest Ordinance, viewed this provision as a default mechanism in the event that federal or territorial statutes were silent about a particular matter ; he wrote that if " a statute makes an offence, and is silent as to the mode of trial, it shall be by jury, according to the course of the common law.
In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years.
The USA is the only Western country that does not distinguish sludge-source compost from green-composts, and by default in the USA 50 % of states expect composts to comply in some manner with the federal EPA 503 rule promulgated in 1984 for sludge products.
The default state of the clutch is engaged-that is the connection between engine and gearbox is always " on " unless the driver presses the pedal and disengages it.
Cygwin's default user interface is the bash shell running in the Cygwin console.
Support for compiling programs that do not require the POSIX compatibility layer provided by the Cygwin DLL used to be included in the default gcc, but is now provided by cross compilers contributed by the MinGW-w64 project.
Cygwin's default package selection is fairly minimal, containing little more than the bash shell and the core file manipulation utilities expected of a Unix command line.
In Windows Vista and Windows 7 ClearType is turned on by default.
In Microsoft Office 2007 and later versions, Internet Explorer 7 and later versions and Windows Live Messenger, ClearType is also turned on by default, even if it is not enabled throughout the operating system.
> 6. 4. 3. 102. blacklist. example is not found, or default to 127. 0. 0. 2
is and rule
Only one rule prevailed in my conversations with these men: The more highly placed they are -- that is, the more they know -- the more concerned they have become.
Hence the prime issue, as I see it, is whether a democratic or free society can master technology for the benefit of mankind, or whether technology will rule and develop its own society compatible with its own needs as a force of nature.
A very rough rule of thumb is that, under favorable conditions, you'll need 15 BTU's of cooling for every square foot of your house.
Unfortunately, the purely synthetic problem is the rule.
It is not binding upon another Superior Court, which could rule to the contrary.
More often, though, he is so accustomed to submitting to authority on the job without argument that he lives by the same rule at home.
as a rule, the earlier general dental treatment is started, the less expensive and more satisfactory it is likely to be.
The best rule of thumb for detecting corked wine ( provided the eye has not already spotted it ) is to smell the wet end of the cork after pulling it: if it smells of wine, the bottle is probably all right ; ;
Though there are many exceptions, which we have noted in preceding pages, white wine is as a rule best consumed between two and six years old, and red wines, nowadays, between three and ten.
A petition bearing the signatures of more than 1,700 Johnston taxpayers was presented to the town council last night as what is hoped will be the first step in obtaining a home rule charter for the town.
Although he pointed out that mandatory legislation impinging on home rule is basically distasteful, he added that the vital interest in election results transcended county lines.
It is an irritable rule that does baseball more harm than good, especially at the minor league level.
A rule on the Federal deductibility of state taxes is contested.
The difference is not a formal one taxonomically and there are numerous exceptions to this rule.
If the affiant is a party in the case, the affiant's opponent may be successful in having the affidavit admitted as evidence, as statements by a party-opponent are admissible through an exception to the hearsay rule.
In many cases such a selection can be made without invoking the axiom of choice ; this is in particular the case if the number of bins is finite, or if a selection rule is available: a distinguishing property that happens to hold for exactly one object in each bin.
* 1820 – Alexander Ypsilantis is declared leader of Filiki Eteria, a secret organization to overthrow Ottoman rule over Greece.
* Sequential analysis – evaluation of sampled data as it is collected, until the criterion of a stopping rule is met
The only rule universally accepted is that one should be consistent, and to make this easier, publishers express their preferences in a style guide.
In British English, according to Hart's Rules, the general rule is that abbreviations ( in the narrow sense that includes only words with the ending, and not the middle, dropped ) terminate with a full stop ( period ), whereas contractions ( in the sense of words missing a middle part ) do not.
is and unless
Hence, the only defensible procedure is to repress any and every notion, unless it gives evidence that it is perfectly safe.
It is my studied conviction that no nation will ever risk general war against us unless we should become so foolish as to neglect the defense forces we now so powerfully support.
The possibility, as he asserted, that the Russians may get ahead of us or come closer to us because of their tests does not supply the needed ethical premise -- unless, of course, we have unwittingly become so brutalized that nuclear superiority is now taken as a moral demand.
The collection of information is meaningless unless it is understood and used for a definite purpose.
As was said in Gonzales, `` it is the Appeal Board which renders the selective service determination considered ' final ' in the courts, not to be overturned unless there is no basis in fact.
The Peace Corps should not pay the expenses of a wife or family, unless the wife is also accepted for full-time Peace Corps work on the same project.
Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.
But nighttime operation by stations of other classes of course entails skywave interference to groundwave service, interference which is substantial unless steps are taken to minimize it.
If your computation on Form 1040 or Form 1040A shows you owe additional tax, it should be remitted with your return unless you owe less than $1, in which case it is forgiven.
Just because a tree or other object appears in a certain spot is absolutely no reason to place it in the same position in the painting, unless the position serves the design of the whole composition.
`` Speed in painting a picture is valid only when it imparts spontaneity and crispness, but unless the artist has lots of experience so that he can control rapid execution, he would do well to take these first sketches and soberly reorder their design to achieve a unified composition.
Technical knowledge is a wonderful thing, but it's useless unless it eventually feeds the cash register.
Of course, if you want to throw all caution to the winds and rent an Imperial or Cadillac limousine just for you and your bride, you'll have a memorable tour, but it won't be cheap, and it is not recommended unless you own a producing oil well or you've had a winner in the Irish Sweepstakes.
In the second sentence if drinking water is a gerundial clause and without drinking water is roughly equivalent in meaning to unless I drink water, there will be stronger stress on water than on drinking ; ;
A training program in a depressed area may have few enrollees unless there is some apparent prospect for better employment opportunities afterwards, and the prospect may be poor if the training is aimed solely at jobs in the local community.
Even industrial development leaders find it hard to win local support for training unless a new industry is in sight and requests it.
On review the Supreme Court, via Mr. Justice Frankfurter, found southern racial problems `` a sensitive area of social policy on which the federal courts ought not to enter unless no alternative to adjudication is open ''.
It is conclusive, unless appealed, only upon the particular parties to the particular action which was heard.
Even though the bondage of his verse is not so great as the writing poet can manage, it is still great enough for him often to be seriously impeded unless he has aids to facilitate rapid composition.
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