Public-domain · open source
OpenJurist
← 41 F.3d 1056 - United States v. Spinelle

United States v. Spinelle’s Empirical Analysis

41 F.3d 1056 · 1994

Citation profile

52
cited by 52 later decisions
February 2024
most recently cited

37 federal appellate · 3 district ·

How this case has been cited

Cited by 52 later decisions — most recently February 2024 · most notably Kuper v. Iovenko (1995), Hudson v. Reno (1997)

37 federal appellate · 3 district ·

3201994200020102020decided

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. § 3583 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Morton v. Mancari · Crandon v. United States · Moskal v. United States · Gozlon-Peretz v. United States · United States v. Brown

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

  1. “the sentencing phase is different than post-sentence modification.”
    2 later decisions quote this exact passage · from the majority
  2. “(1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed ... (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; ... (4) the kinds of sentence and the sentencing range established for ... (B) in the case of a violation of ... supervised release, the applicable guidelines or policy statements issued by the Sentencing Commission pursuant to [ 28 U.S.C. § 994 (a)(3)], taking into account any amendments made to such guidelines or policy statements by act of Congress ... ; (5) any pertinent policy statement- (A) issued by the Sentencing Commission pursuant to [ 28 U.S.C. § 994 (a)(2)], subject to any amendments made to such policy statement by act of Congress ...; and (B) that, except as provided in [18 U.S.C. § ] 3742(g), is in effect on the date the defendant is sentenced[;] (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense.”
    1 later decision quote this exact passage · from the majority
  3. “two separate chronological phases, the statute mandating a specific sentence of supervised release and the statute authorizing the termination of a prior imposed sentence.” Id. at 1060. Thus, although the Spindle case was decided before the 2002 amendment, the logic of that case clearly supports the notion that the”
    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.