United States v. Lee’s Empirical Analysis

Citation profile

12 federal appellate ·

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

1. “) precluded the district court from upwardly departing at resentencing pursuant to § 4A1.3 of the United States Sentencing Guidelines Manual. Lee asserts in the alternative that the district court's upward departure was premised on an erroneous determination that Lee's criminal history category did not adequately reflect the seriousness of his criminal history or the likelihood that he would reoffend. Because we find, on the facts presented, that the district court's imposition of a discretionary upward departure was not foreclosed by our mandate and was warranted, we affirm the district court's judgment sentencing Lee to a term of imprisonment of 65 months, three years of supervised release, and a $100 special assessment. FACTUAL AND PROCEDURAL HISTORY 2 On January 17, 2001, Timothy S. Lee was charged by indictment with two counts of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2). On April 27, 2001, Lee pleaded guilty before the district court to Count 2 of the indictment pursuant to a conditional plea agreement in exchange for the dismissal of Count 1 and the reservation of Lee's right to appeal the district court's denial of his motion challenging the constitutionality of § 922(g)(1) (proscribing the possession of a firearm by a convicted felon). 3 The Presentence Report ("PSR”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Lee

2. “) calculated Lee's base offense level under U.S.S.G. § 2K2.1 (2000). 1 The report concluded that Lee's prior conviction for Unauthorized Use of a Motor Vehicle (”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Lee

3. “`only if, from the [face of the] indictment, the crime itself or the conduct specifically charged presents a serious potential risk of injury to a person.'”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Lee