United States v. Brewster’s Empirical Analysis

Citation profile

39 federal appellate · 6 district · 1 state decisions

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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If reliable information indicates that the criminal history category does not adequately reflect the seriousness of the defendant's past criminal conduct or the likelihood that the defendant will commit other crimes, the court may consider imposing a sentence departing from the otherwise applicable guideline range.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Frazier · United States v. Chapman

2. “[W]e should approach ‘dissimilar conduct’ departures, like all other departures, with great circumspection. Our holding will have force only in instances in which the uncharged, dissimilar conduct is so serious that, unless it is factored into the sentencing calculus, the resultant CHC will be manifestly deficient as a measure of the defendant’s past criminality ... Moreover, we anticipate that we will encounter relatively few defendants who have substantial records of serious, dissimilar criminal conduct that has never been brought to contemporaneous official attention.”

   1 later decision quote this exact passage · from the majority
   e.g. 183 F. Supp. 2d 158 - United States v. Astronomo

3. “virtually conceded the statement's accuracy below, and failed to dispute the statement's contents in the face of the district judge's explicit warning that, if accepted as true, the statement would form part of the foundation upon which the judge would decide what sentence should be levied.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Rosa-Borges