United States v. Pineiro’s Empirical Analysis
377 F.3d 464 · 2004
Citation profile
70 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 311 later decisions (2 by the Supreme Court) — most recently August 2023 · most notably United States v. Booker (2004), United States v. Bond (2005)
70 federal appellate · 9 district · 2 state decisions
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.
Appellate journey
Relationships
Relies on Apprendi v. New Jersey · Blakely v. Washington · Ring v. Arizona · Williams v. People of State of New York · United States v. Cotton
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 311 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“of such imperative public importance as to justify deviation from normal appellate practice!,]” but providing no such exception for appeals directly from district court). Even if defendant were to successfully argue that her sentence became final when the time to file a writ of certiorari with the Supreme Court had elapsed, see Sup.Ct. R. 13 (allowing 90 days for filing petition for writ of certiorari), her conviction would be considered "final” on September 7, 2003, which would not change the analysis in this order. 2 . There are some differences between Washington's sentencing scheme and the Federal Sentencing Guidelines. For instance, while Washington’s scheme is statutory, the Federal Guidelines, while binding on federal judges, are not statutes and merely "fetter the discretion of sentencing judges to ... impose sentences within the broad limits established by Congress.”
1 later decision quote this exact passage · from the dissent“) indicated that Pineiro was responsible for drug amounts much greater than the amounts found by the jury. Specifically, the PSR stated that Pineiro was responsible for 453.6 kilograms of marijuana and 1,048.95 grams of cocaine. Based on these quantities of drugs, the PSR concluded that Pineiro's base offense level for the conspiracy conviction was twenty-eight. See UNITED STATES SENTENCING GUIDELINES [hereinafter”
1 later decision quote this exact passage“Like the judge who disregards the Washington sentencing rules, a federal judge who disregards the Guidelines does so on pain of reversal. The Guidelines Manual is not a catalog of mere suggestions.”); Booker, 375 F.3d 508 , 511, 2004 WL 1535858 , at (”
1 later decision quote this exact passage · from the dissent
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.