United States v. Jackson’s Empirical Analysis
30 F.3d 199 · 1994
Citation profile
47 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 58 later decisions — most recently September 2020 · most notably United States v. Antonakopoulos (2005), 194 W. Va. 97 - Tennant v. Marion Health Care Foundation, Inc. (1995)
47 federal appellate · 6 district · 1 state decisions
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. § 3553 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 994
Relies on Nicholas v. United States · Joseph v. United States · Norman v. Reed · Luster v. Cushman · National Educational Support Systems, Inc. v. Autoskill, Inc.
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i] n sentencing a defendant convicted of an offense ... under chapter ... 110 [Sexual Exploitation and Other Abuse of Children] ... the court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4)[, that is, a Guidelines sentence,] unless— (ii) the court finds that there exists a mitigating circumstance of a kind, or to a degree that (I) has been affirmatively and specifically identified as a permissible ground of downward departure in the sentencing guidelines or policy statements ... (II) has not been taken into consideration by the Sentencing Commission in formulating the guidelines, and (III) should result in a sentence different from that described....”
3 later decisions quote this exact passage · from the majority“it is only in the extraordinary case--the case that falls outside the heartland for the offense of conviction--that the district court may abandon the guideline sentencing range and impose a sentence different from the sentence indicated by mechanical application of the guidelines.”
3 later decisions quote this exact passage · from the majority“absent specific circumstances independently justifying a departure, a judge cannot sentence outside a properly computed sentencing range merely because he believes that the guidelines work too severe a sanction in a particular case”
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.