Smith v. United States’s Empirical Analysis

Citation profile

10 federal appellate · 1 district ·

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

1. ““Nonetheless, the sentences imposed in this case, properly construed, were not unlawful. In Sadler v. United States, supra [ 313 F.2d 106 (10 Cir. 1963)], it was held that a similar provision for concurrency was proper as a recommendation to the Board. We have gone further, however. In Tippitt v. Squier, 145 F.2d 211, 213 (9th Cir.1944), we held that such a sentence may be read as providing that if at any time during the fifteen-year term the Board should determine that appellant’s parole should be revoked, the remainder of the fifteen-year sentence would run concurrently with so much of the 510 days of the suspended sentence as the Board should decide must be served. So construed, the sentence is within the district court’s power because it does not interfere with the exclusive authority of the Board to determine whether, and when, parole is to be revoked. “Of course the district court might have subtracted the unserved 510 days from fifteen years, and imposed an unconditional sentence for the difference. Mock v. United States Board of Parole, 120 U.S.App.D.C. 248 , 345 F.2d 737 (1965). A timely Rule 35 motion for reduction of sentence specifically directed the court’s attention to the possibility that appellant might be required to serve the 510 days in addition to the fifteen years imposed by the court. In denying the motion, the court exercised its discretion not to reduce its own sentence for this reason.” 409 F.2d at 1190 .”

   1 later decision quote this exact passage · from the majority
   e.g. 319 F. Supp. 847 - Hoffman v. United States