United States v. Ellenbogen’s Empirical Analysis
390 F.2d 537 · 1968
Citation profile
103 federal appellate · 12 district · 19 state decisions
How this case has been cited
Cited by 168 later decisions — most recently October 2022 · most notably McGee v. United States (1972), State Ex Rel. Sonner v. Shearin (1974)
103 federal appellate · 12 district · 19 state decisions — followed in 12 states
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.
Relationships
Relies on United States v. Robinson · Berman v. United States · United Gas Improvement Co. v. Continental Oil Co. · Ex parte United States · United States v. Benz
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 168 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he underlying objective of Rule 35 ... is to "give every convicted defendant a second round before the sentencing judge, and [afford] the judge an opportunity to reconsider the sentence in light of any further information about the defendant or the case which may have been presented to him in the interim.”
19 later decisions quote this exact passage · from the majority“A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 120 days after the sentence is imposed or probation is revoked, or within 120 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal, or within 120 days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction or probation revocation. The court shall determine the motion within a reasonable time. Changing a sentence from a sentence of incarceration to a grant of probation shall constitute a permissible reduction of sentence under this subdivision.”
9 later decisions quote this exact passage · from the majority““11. Ellenbogen is now improperly at large. On October 27, 1966, this court denied Ellenbogen’s petition for a stay of its mandate and, on January 3, 1967, Mr. Justice Harlan, Circuit Justice for this Circuit, denied an application for bail pending certiorari in the Supreme Court. The effect of this was to order that the appellant immediately commence serving his sentence of imprisonment. Nevertheless, Ellenbogen was permitted, by order of Chief Judge Sugarman of the Southern District of New York, to remain at large for 72 hours from Friday to Monday until such time as his Rule 35 motion could be heard by Judge Cooper and, thereafter, he was released on his own recognizance for the duration of the present proceedings. This was done in complete disregard of the order of this court and of the action of the Circuit Justice and without authority or color of authority under the Rules, see Criminal Rule 46(a)(2); 8 Moore’s Federal Practice ¶ 46.10 at 46-35, or under the Bail Reform Act of 1966, which does not change prior practice in this regard. See 18 U.S.C. §§ 3148 , 3146, 3152; 8 Moore’ s, supra, ¶ 46 .10 at 46-34 (1967 Supp. at 89).”
2 later decisions 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.