United States v. Proffit’s Empirical Analysis
304 F.3d 1001 · 2002
Citation profile
10 federal appellate · 1 district ·
How this case has been cited
Cited by 30 later decisions — most recently July 2024 · most notably United States v. Wolfe (2006), United States v. Chee (2008)
10 federal appellate · 1 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. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002)
Relies on Koon v. United States · United States v. Collins · United States v. Smith · United States v. Mitchell · United States v. Gardner
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““More than minimal planning” means more planning than is typical for commission of the offense in a simple form. “More than minimal planning” also exists if significant affirmative steps were taken to conceal the offense, other than conduct to which § 3C1.1 (Obstructing or Impeding the Administration of Justice) applies. “More than minimal planning” is deemed present in any ease involving repeated acts over a period of time, unless it is clear that each instance was purely opportune. Consequently, this adjustment will apply especially frequently in property offenses.”
1 later decision quote this exact passage · from the majority“The district court is required to precisely lay out its reasoning and analysis as to why it is selecting a particular degree of departure. This reasoning and analysis must give us reasonable indicia that the sentence the district court pronounces is proportional to the crime committed. The district court accomplishes this task by using any reasonable methodology hitched to the Sentencing Guidelines to justify the reasonableness of the departure.”
1 later decision quote this exact passage · from the majority“I’m going to adopt [the government’s] arguments as the basis for the Court’s reasons for an upward departure, finding both with reference to the sentencing guidelines themselves and the defendant’s criminal history, that it under represents [sic] the seriousness of the criminal past, and also reading from the statute that it under represents the likelihood that the defendant will commit other crimes in the future.”
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.