United States v. Fitzherbert’s Empirical Analysis
13 F.3d 340 · 1993
Citation profile
24 federal appellate ·
Relationships
Applies 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Huddleston v. United States · United States v. Dunnigan · Brewster v. Derwinski · Nix v. Whiteside · In re Martin-Trigona
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“lacks jurisdiction to review a district court's discretionary refusal to grant a downward departure.”
4 later decisions quote this exact passage“(1) the evidence must be offered for a proper purpose; (2) the evidence must be relevant; (8) the trial court must make a rule 403 determination of whether the probative value of the similar acts is substantially outweighed by its potential for unfair prejudice; and (4) pursuant to Fed.R.Evid. 105, the trial court shall, upon request, instruct the jury that the evidence of similar acts is to be considered only for the proper purpose for which it was admitted.”
2 later decisions quote this exact passage“characterizing the district court's refusal to depart [under § 5K1.1] as a misapplication of the guidelines”
2 later decisions quote this exact passage
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.