Hicks v. Brooks’s Empirical Analysis

Citation profile

5 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The intent of Congress in enacting 18 U.S.C. § 3621 (e)(2)(B) is clear. The statute refers to a nonviolent offense and does not contemplate the consideration of any sentencing factors. Although the Tenth Circuit decided Fris-toe based upon the former 28 C.F.R. § 550.58 and Program Statement 5162.02, not the 1997 revised regulation, the logic and rationale of Fristoe apply to the revised regulation as well.”

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

2. “In effect, the BOP has ... incorporated into the revised regulation the lan guage of the sentence enhancement for possession of a firearm, language that previously was in Program Statement 5162.02.”

   2 later decisions quote this exact passage · from the majority
   e.g. 38 F. Supp. 2d 1258 - Ward v. Booker · 39 F. Supp. 2d 1296 - Scroger v. Booker

3. “[T]he BOP again has accomplished precisely what Fristoe said it may not, i.e., exclude categorically from consideration for early release upon completion of a drug treatment program those inmates convicted of a nonviolent offense whose sentence was enhanced for possession of a weapon and, once again, convert a conviction for a nonviolent offense into a violent one by considering the sentence enhancement.”

   1 later decision quote this exact passage · from the majority
   e.g. Ward v. Booker