United States v. Rivera’s Empirical Analysis
376 F.3d 86 · 2004
Citation profile
2 federal appellate ·
Relationships
Applies 18 U.S.C. § 3742 · 21 U.S.C. § 812 (§ 202 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 26 U.S.C. § 7201 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Apprendi v. New Jersey · Herrera v. Collins · Bifulco v. United States · Heflin v. United States · Carlisle v. United States
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]ach version of Rule 35 has merely provided a mechanism by which — after a defendant has been sentenced — the court has been allowed, in the circumstances set out in the Rule itself, to correct the sentence. Rule 35 does not establish sentencing levels or specify the factual basis for any sentencing calculation. Nor does any version of the Rule alter the maximum penalty for an offense of conviction or permit a sentence to be increased above the statutory maximum.”
1 later decision quote this exact passage · from the majority“Nor do we se any error in the court's factual determination that the conspiracy continued beyond November 1, 1987, which made the 1988 version of Rule 35 applicable.”). The superseding version of Rule 35(a), which would apply if defendants’ offense were deemed to have continued beyond that effective date, in relevant part permits correction only of”
1 later decision quote this exact passage · from the concurrence“due process right to continue to challenge his conviction in perpetuity.” United States v. Rivera, 376 F.3d 86, 91-92 (2d Cir.2004). Moreover,”
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.