DeSimone v. Norton’s Empirical Analysis
1975
Citation profile
8 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 16 later decisions — most recently November 1993
8 federal appellate · 1 district · 1 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. § 3651 · 18 U.S.C. § 4161 · 21 U.S.C. § 801 (§ 101 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 26 U.S.C. § 7237 · 28 U.S.C. § 1361 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on McGinnis v. Royster · 10 Fair empl.prac.cas. 1331, 10 Empl. Prac. Dec. P 10,294 Selene Weise v. Syracuse University, Jo Davis Mortenson v. Syracuse University · United States v. Scales · Short v. United States · United States v. Richardson
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . The apparent Congressional rationale behind the graduated scale set forth in § 4161 is to grant effective rewards for presumably demoralized long term offenders and yet not excessively lighten the impact of incarceration for short term inmates. Thus, in the enactment of the different categories for good time credits, there is a legitimate legislative goal which rationally promotes the rehabilitation of prisoners and enhances the efficient management of federal penal institutions. Under these circumstances, there has been a proper exercise of Congressional authority to curtail an inmate’s term of imprisonment and to prescribe the perimeters and conditions for such curtailment.” [DeSimone v. Norton at 967] (Citations omitted.)”
3 later decisions quote this exact passage · from the majority“to aid the rehabilitative process and to mitigate the severity of punishment by rewarding a prisoner for his good conduct.”
2 later decisions quote this exact passage · from the majority“The new Act was designed to permit greater flexibility in the imposition of restraints against those convicted on drug charges. United States v. Richardson, 483 F.2d 516, 518 (8 Cir.1973). Although there is now neither a required minimum sentence nor a ban on probation or parole in narcotic cases, the Act does prescribe that a “special parole term" of varying length (depending on the type of drug offense and whether the defendant has a prior offense and wheth er the defendant has a prior record) be imposed in addition to a regular sentence. The Bureau of Prisons has construed the special parole term to be a separate and independent sanction which begins after the regular sentence ends. Thus, if an inmate is paroled, the special parole term commences at the conclusion of the parole term of the basic sentence; if he is mandatorily released, the special parole term starts at the termination of supervision; and, if he is released because his sentence has expired, the special parole begins upon his discharge from confinement. Bureau of Prisons Policy Statement 7500. 43(4)(C) (1973).”
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.