United States v. Fenner’s Empirical Analysis
147 F.3d 360 · 1998
Citation profile
12 federal appellate · 2 district ·
How this case has been cited
Cited by 22 later decisions — most recently April 2014
12 federal appellate · 2 district ·
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. § 3553 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 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) · 26 U.S.C. § 5861 (§ 201 of the Gun Control Act of 1968)
Relies on Almendarez-Torres v. United States · In the Matter of Samuel Winship · Koon v. United States · Mullaney v. Wilbur · Patterson v. New York
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... it can be said that sometimes the prosecution must bear the burden of proving beyond a reasonable doubt facts bearing upon sentencing even though such facts do not establish an element of the offense. The precise due process limitations on the allocation or standard of proof for facts that bear on the degree of criminal culpability but that are not defined by law as an element of the offense have not been clarified, however.” Id. at 366 . However, the Court did not elaborate. It noted,”
2 later decisions quote this exact passage · from the majority“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”
2 later decisions quote this exact passage · from the majority“need not remand to permit the district court to exercise its discretion to depart if its decision to do so on remand would constitute an abuse of discretion”
2 later decisions 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.