2 F. Supp. 2d 550 - LaSorsa v. Spears’s Empirical Analysis

Citation profile

4 federal appellate · 6 district ·

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

1. “Section 841 of Title 21, [U.S.C.] makes it a crime to manufacture, distribute, or possess with the intent to distribute drugs. Under the Sentencing Guidelines (§ 2D1.1 and § 2D1.11) the defendant could receive an increase in his or her base offense level because of a “Specific Offense Characteristic,” e.g., if a dangerous weapon was possessed during the commission of the offense, the court would increase the defendant’s base offense by 2 levels. This particular “Specific Offense Characteristic” (possession of a dangerous weapon during the commission of a drug offense) poses a substantial risk that force may be used against persons or property. Accordingly, a defendant who has received a conviction for manufacturing drugs ... and receives a two-level enhancement for possession of a firearm has been convicted of a “crime of violence.””

   3 later decisions quote this exact passage · from the majority
   e.g. 52 F. Supp. 2d 1145 - Williams v. Clark · 38 F. Supp. 2d 1258 - Ward v. Booker

2. “This argument misses a crucial distinction. BOP does have broad discretion to determine which, among the class of “prisoners convicted of a nonviolent offense,” will be granted early release and for how long (up to one year). BOP does not, however, have the “discretion” to interpret “prisoners convicted of a nonviolent offense” ... in whatever way it chooses. These are statutory and regulatory terms whose meaning is quite clear, to the extent BOP has its own definitions of these terms, these interpretations are not permissible exercises of discretion but are instead statutory interpretations by an agency to which this court owes some deference only if not contrary to the statute’s clear meaning.”

   3 later decisions quote this exact passage · from the majority
   e.g. Guido v. Booker · 38 F. Supp. 2d 1258 - Ward v. Booker

3. “(2) Incentive for prisoners’ successful completion of treatment program.— (A) Generally.—Any prisoner who, in the judgment of the Director of the [BOP], has successfully completed a program of residential substance abuse treatment ..., shall remain in the custody of the [BOP] under such conditions as the [BOP] deems appropriate.... (B) Period of custody.—The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the [BOP], but such reduction may not be more than one year from the term the prisoner must otherwise serve.”

   3 later decisions quote this exact passage · from the majority
   e.g. Guido v. Booker · 38 F. Supp. 2d 1258 - Ward v. Booker