39 F. Supp. 2d 1296 - Scroger v. Booker’s Empirical Analysis
1999
Citation profile
1 district ·
Relationships
Applies 18 U.S.C. § 3621 · 18 U.S.C. § 3625 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1331 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 3796
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Taylor v. United States · Greenholtz v. Inmates of Nebraska Penal and Correctional Complex · Olim v. Wakinekona · Reno v. Koray
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.
“[T]he specific revisions to [28 C.F.R.] section 550.58, ... are not shown to have enlarged the BOP’s discretion regarding sentence enhancements.... [¶] Likewise, the provisions of the new program statement [5162.04] ... are not significantly different from [Program Statement] 5162.02. [Program Statement] 5162.04 contains substantially the same paragraph and example specifying that a two-level sentencing enhancement for possession of a firearm attached to a conviction under 21 U.S.C. § 841 requires a denial of early release. Changing the title of the program statement from "Definition of Term, Crimes of Violence” to "Categorization of Offenses” did not correct the statutory misinterpretation. ... Nor did excluding drug trafficking offenses with enhancements as "an exercise of the discretion vested in the Director,” rather than "crimes of violence.””
1 later decision quote this exact passage · from the majority“an exercise of the discretion vested in the Director,” rather than”
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.