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← 128 F.3d 1276 - United States v. Wind

United States v. Wind’s Empirical Analysis

128 F.3d 1276 · 1997

Citation profile

38
cited by 38 later decisions
May 2007
most recently cited

30 federal appellate · 1 district ·

Relationships

Applies 18 U.S.C. § 2252 · 18 U.S.C. § 3553

Relies on Koon v. United States · Robinett v. United States · United States v. Polanco · United States v. Saunders · United States v. Studley

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

  1. “because the Guidelines take into account the gravity of a possession offense as compared with more serious forms of exploitation, Wind is not entitled to a downward departure on the ground that he did not commit, or have the tendency to commit, a worse crime.”
    2 later decisions quote this exact passage · from the majority
  2. “lack of sexual tendencies towards children does not make his possession of child pornography significantly different from the normal case of child pornography possession.”
    1 later decision quote this exact passage · from the majority
  3. “the amount of child pornography possessed by Wind cannot be deemed less than typical for cases to which section 2G2.4 applies.”
    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.