United States v. Nedd’s Empirical Analysis

Citation profile

8 federal appellate ·

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

1. “All counts involving substantially the same harm shall be grouped together into a single Group. Counts involve substantially the same harm within the meaning of this rule: ^ $ (b) When counts involve the same victim and two or more acts or transactions connected by a common criminal objective or constituting part of a common scheme or plan. * * * (c) When the offense level is determined largely on the basis of the total amount of harm or loss, the quantity of a substance involved, or some other measure of aggregate harm, or if the offense behavior is ongoing or continuous in nature and the offense guideline is written to cover such behavior. Offenses covered by the following guidelines are to be grouped under this subsection: §§ 2B1.1, 2B1.4, 2B1.5, 2B4.1, 2B5.1, 2B5.3, 2B6.1; §§ 2C1.1, 2C1.2,2C1.7,2C1.8; §§ 2D1.1, 2D 1.2, 2D 1.5, 2D1.11, 2D1.13; §§ 2E4.1, 2E5.1; §§ 2G2.2, 2G3.1; § 2K2.1; §§ 2L1.1, 2L2.1; § 2N3.1; § 2Q2.1; § 2R1.1; §§ 2S1.1, 2S1.3; §§ 2T1.1, 2T1.4, 2T1.6, 2T1.7, 2T1.9, 2T2.1, 2T3.1. Specifically excluded from the operation of this subsection are: all offenses in Chapter Two, Part A * * * For multiple counts of offenses that are not listed, grouping under this subsection may or may not be appro priate; a case-by-case determination must be made based upon the facts of the case and the applicable guidelines (including specific offense characteristics and other adjustments) used to determine the offense level. Exclusion of an offense from grouping under this subs”

   1 later decision quote this exact passage
   e.g. 198 F. App'x 745 - United States v. Chapple