United States v. Oliver’s Empirical Analysis
397 F.3d 369 · 2005
Citation profile
182 federal appellate · 6 district · 4 state decisions
How this case has been cited
Cited by 346 later decisions — most recently October 2024 · most notably United States v. Mares (2005), United States v. Ameline (2005)
182 federal appellate · 6 district · 4 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.
Relationships
Applies 18 U.S.C. § 3553 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on United States v. Booker · Apprendi v. New Jersey · United States v. Olano · Wong Sun v. United States · Blakely v. Washington
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 346 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'before an appellate court can correct an error not raised at trial, there must be (1) error, (2) that is plain, and (3) that affects substantial rights. If all three conditions are met, an appellate court may then exercise its discretion to notice a forfeited error, but only if (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.”
5 later decisions quote this exact passage · from the majority“beyond that which was supported by the jury verdict and [his] criminal history,” he was necessarily prejudiced because he”
5 later decisions quote this exact passage · from the majority“[w]e would be usurping the discretionary power granted to the district courts by Booker if we were to assume that the district court would have given [defendant] the same sentence post- Booker.”
4 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.