United States v. Giraldo’s Empirical Analysis
111 F.3d 21 · 1997
Citation profile
15 federal appellate ·
How this case has been cited
Cited by 31 later decisions — most recently August 2016 · most notably United States v. Buck (2003), United States v. Thomas (1997)
15 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas Western District Court)
Relationships
Applies 18 U.S.C. § 2 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Williams v. United States · United States v. Vital · United States v. Jobe · United States v. Valencia · United States v. Elwood
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n upward departure may be warranted, however, in the case of a defendant who did not organize, lead, manage, or supervise another participant, but who nevertheless exercised management responsibility over the property, assets, or activities of a criminal organization.” Guidelines Manual, § 3B1.1 application note 2. Because the district court indicated that it was adjusting Bapack's sentence, rather than upwardly departing, however, we cannot affirm the sentence on the basis of her evident role 'in exercising”
1 later decision quote this exact passage · from the majority“Insofar as the district court relied on the asset management exception to make an upward adjustment to the offense level, it misapplied the guidelines. That exception clearly applies to an upward departure only. The PSR expressly concludes that there were no aggravating or mitigating circumstances that would merit consideration for a departure in this case.”
1 later decision quote this exact passage · from the majority“when the judgment of the district court is correct, this court may affirm for reasons not given by the district court and not advanced to it.” United States v. Giraldo, 111 F.3d 21 , 24 n. 12 (5th Cir.1997). 19 . Rule 404(b) allows the admission of evidence of other crimes for several purposes,”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.