United States v. Smith’s Empirical Analysis
27 F.3d 649 · 1994
Citation profile
53 federal appellate · 15 district ·
How this case has been cited
Cited by 96 later decisions — most recently March 2023 · most notably United States v. Salgado (2001), United States v. Graham (1996)
53 federal appellate · 15 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. § 3551 (Mandatory Victims Restitution Act of 1996) · 18 U.S.C. § 3553 · 18 U.S.C. § 3624 · 18 U.S.C. § 3742 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 994 · 8 U.S.C. § 1181 (§ 211 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Bell v. Wolfish · Lockett v. Ohio · Mistretta v. United States · Williams v. United States
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a downward departure may be appropriate where the defendant’s status as a deportable alien is likely to cause a fortuitous increase in the severity of his sentence.”
6 later decisions quote this exact passage · from the majority“[f]or a departure on such a basis to be reasonable the difference in severity must be substantial and the sentencing court must have a high degree of confidence that it will in fact apply for a substantial portion of the defendant's sentence____ [E]ven a court confident that the status will lead to worse conditions should depart only when persuaded that the greater severity is undeserved.”
4 later decisions quote this exact passage · from the majority“[T]here 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.”
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.