United States v. Johnson’s Empirical Analysis

Citation profile

41 federal appellate ·

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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]lthough the district court may not have mentioned all of the [§ 3553(a) ] factors ... explicitly, and although explicit mention of those factors may facilitate review, this court has never required the 'ritual incantation’ of the factors to affirm a sentence.” Id. at 816 . Given the factual circumstances presented here, however, the government's reliance on these cases is misplaced. In Madden, the Court affirmed the district court’s sentence only because the”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Thomas · United States v. Simmons

2. “[Tjhe Second Circuit's interpretation [of Booker ] ... fails to account for the fact that Booker left sections 3742(a), 3742(b), and 3742(f) on the books, and it fails to account for the fact that (at least as far as our Circuit is concerned) our cases have relied upon both sections 3742(a)(4) and 3742(e)(4) in applying a 'plainly unreasonable' standard.”). But whether Booker compels a”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Bolds · 189 F. App'x 470 - United States v. Soto

3. “forging [of] documents to conceal his failure to attend the required [Narcotics Anonymous] meetings”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Carr