United States v. Johnson’s Empirical Analysis
40 F.3d 1079 · 1994
Citation profile
26 federal appellate · 1 district ·
How this case has been cited
Cited by 42 later decisions — most recently July 2017 · most notably United States v. Contreras-Martinez (2005), United States v. Tisdale (2001)
26 federal appellate · 1 district ·
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 · 18 U.S.C. § 371 · 18 U.S.C. § 3742 · 18 U.S.C. § 844 · 28 U.S.C. § 1291
Relies on Stinson v. United States · Sowashee Venture v. EB, Inc. · Conway v. Statesman Mortgage Co. · United States v. Shewmaker · United States v. McAlpine
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“...the sentence for the instant offense shall be imposed to run consecutively to the prior undischarged term of imprisonment to the extent necessary to achieve a reasonable incremental punishment for the instant offense.”
15 later decisions quote this exact passage · from the majority“a reasonable incremental penalty [is] a sentence for the instant offense that results in a combined sentence of imprisonment that approximates the total punishment that would have been imposed ... had all the offenses been federal offenses for which sentences were being imposed at the same time.”
6 later decisions quote this exact passage · from the majority“(1) a defendant is subject to an undischarged term of imprisonment, and (2) the conduct underlying the undischarged term of imprisonment has been 'fully taken into account in the determination of the offense level for the instant offense.'”
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.