United States v. Terry’s Empirical Analysis
142 F.3d 702 · 1998
Citation profile
23 federal appellate ·
How this case has been cited
Cited by 37 later decisions — most recently June 2016 · most notably United States v. Rivera-Santana (2012), United States v. Scheetz (2002)
23 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.
Relationships
Applies 18 U.S.C. § 1112 · 18 U.S.C. § 13 (Assimilative Crimes Act) · 18 U.S.C. § 3553 · 18 U.S.C. § 3742
Relies on Koon v. United States · Bailey v. United States · Mistretta v. United States · Smith v. United States · United States v. Kikumura
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the special feature suggested as a basis for departure is an encouraged factor, then a court can depart on that basis if that feature is not already taken into account in the applicable guideline. If the special feature is a discouraged factor, or an encouraged factor already taken into account in the applicable guideline, then a court can depart only if the factor is present to an exceptional degree or in some other way which makes the case different from the ordinary case where the factor is present. Finally, if the special feature is not mentioned at all in the Guidelines, before departing on this basis, a court must consider the structure and theory of the relevant individual guideline and the Guidelines as a whole, bearing in mind that departures on the basis of factors not mentioned in the Guidelines will be very infrequent.”
1 later decision quote this exact passage · from the majority“The court shall impose a sentence of the kind, and within the [appropriate Guidelines] range ... unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described. In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission.”
1 later decision quote this exact passage · from the majority“In determining what is reasonable ... the sentencing court should first consider the rationale and methodology of the Sentencing Guidelines. In particular, it is often helpful to look to the treatment of analogous conduct in other sections of the Sentencing Guidelines. In the event the Sentencing Guidelines do not provide any useful analogies, however, the sentencing court must set forth some form of principled justification for its departure determination.”
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.