Smith v. United States’s Empirical Analysis
273 F.2d 462 · 1959
Citation profile
120 federal appellate · 15 state decisions
How this case has been cited
Cited by 149 later decisions (2 by the Supreme Court) — most recently December 2003 · most notably Opinions of the Justices to the House of Representatives (1979), Lott v. United States (1961)
120 federal appellate · 15 state decisions — followed in 10 states
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 28 U.S.C. § 2106
Relies on Blockburger v. United States · Roviaro v. United States · Gore v. United States · Baltimore Contractors, Inc. v. Bodinger · Bryan 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 149 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * If there is one rule in the federal criminal practice which is firmly established, it is that the appellate court has no control over a sentence which is within the limits allowed by a statute. * * * ””
2 later decisions quote this exact passage · from the majority“`The fixing of penalties for crimes is a Congressional function, and what constitutes adequate punishment is ordinarily left to the discretion of the trial judge. If the sentence is within the statutory limit, appellate courts will not interfere unless clearly cruel and unusual.'”
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.