Roberts v. United States’s Empirical Analysis

Citation profile

209 federal appellate · 10 district · 156 state decisions

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

1. “After judgment of guilt, the trial court is authorized ‘to suspend the imposition or execution of sentence and to place the defendant upon probation.. .. ’ (Italics supplied.) [The quotation is from § 1 of the Probation Act of 1925, as amended, codified at the time of Roberts as 18 U.S.C. § 724 (1940).] By this language Congress conferred upon the court a choice between imposing sentence before probation is awarded or after probation is revoked. In the first instance the defendant would be sentenced in open court to imprisonment for a definite period; in the second, he would be informed in open court that the imposition of sentence was being postponed. In both instances he then would be informed of his release on probation upon conditions fixed by the court. The difference in the alternative methods is plain. Under the first, where execution of sentence is suspended, the defendant leaves the court with knowledge that a fixed sentence for a definite term of imprisonment hangs over him; under the second, he is made aware that no definite sentence has been imposed and that if his probation is revoked the court will at that time fix the term of his imprisonment.”

   8 later decisions quote this exact passage · from the majority
   e.g. United States v. Colvin · United States v. Dick

2. ““without institutional confinement under the tutelage of a probation official and under the continuing power of the court to impose institutional punishment for his original offense in the event that he abuse this opportunity. To accomplish this basic purpose Congress vested wide discretion in the courts.””

   6 later decisions quote this exact passage · from the majority
   e.g. United States v. Denson · United States v. Veatch

3. “18 U.S.C. § 3651 . Upon entering a judgment of conviction of any offense not punishable by death or life imprisonment, any court having jurisdiction to try offenses against the United States when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution of sentence and place the defendant on probation for such period and upon such terms and conditions as the court deems best. . . . (emphasis added) 18 U.S.C. § 3653 . As speedily as possible after arrest the probationer shall be taken before the court for the district having jurisdiction over him. Thereupon the court may revoke the probation and require him to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed. (emphasis added)”

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Nagelberg · Sims v. United States