Guido v. Booker’s Empirical Analysis

Citation profile

2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Additional early release criteria. (1) As an exercise of the discretion vested in the Director of the Federal Bureau of Prisons, the following categories of inmates are not eligible for early release: (i) INS detainees; (ii) Pretrial inmates; (iii) Contractual boarders ...; (iv) Inmates who have a prior felony or misdemeanor conviction for homicide, forcible rape, robbery or aggravated assault, or child sexual abuse offenses; (v) Inmates who are not eligible for participation in a community based program ...; [and] (vi) Inmates whose current offense is a felony: (A) That has as an element, the actual, attempted or threatened use of physical force against the person or property of another, or (B) That involved the carrying, possession or use of a firearm or other dangerous weapons or explosives ..., or (C) That by its nature of conduct, presents a serious potential risk of physical force against the person or property of another, or (D) That by its nature or conduct involves sexual abuse offenses committed upon children.”

   2 later decisions quote this exact passage · from the majority
   e.g. 109 F. Supp. 2d 1228 - Aguirre v. Clark · 52 F. Supp. 2d 1145 - Williams v. Clark

2. “(1) as a matter of statutory interpretation, it defined “prisoner convicted of a nonviolent offense” in § 3621(e)(2) — the type of prisoner the BOP is not forbidden to release early — to mean a prisoner whose “current offense” does not meet the definition of “crime of violence” in 18 U.S.C. § 924 (c)(3). Second, it laid out certain criteria under which the BOP would categorically refuse to exercise its discretion to grant early release.”

   2 later decisions quote this exact passage · from the majority
   e.g. 109 F. Supp. 2d 1228 - Aguirre v. Clark · 52 F. Supp. 2d 1145 - Williams v. Clark

3. “Example: Section 841 of Title 21, United States Code makes it a crime to manufacture, distribute, or possess with the intent to distribute drugs. Under the Sentencing Guidelines (§ 2D 1.1 and § 2D 1 .11) the defendant could receive an increase in his or her base offense level because of a "Specific Offense Characteristic,” e.g., if a dangerous weapon was possessed during commission of the offense, the court would increase the defendant’s base offense level by 2 levels. This particular "Specific Offense Characteristic” (possession of a dangerous weapon during the commission of a drug offense) poses a substantial risk that force may be used against persons or property. Accordingly, a defendant who has received a conviction for manufacturing drugs, ( 21 U.S.C. § 841 ) and receives a two level enhancement for possession of a firearm has been convicted of a "crime of violence.””

   1 later decision quote this exact passage · from the majority
   e.g. 52 F. Supp. 2d 1145 - Williams v. Clark