United States v. Smith’s Empirical Analysis

Citation profile

37 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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (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----”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Simkanin · United States v. Reinhart

2. “Prior to 2003, our review of departure decisions was for abuse of discretion, pursuant to § 3742(e). In April 2003, Congress amended § 3742(e), altering our standard of review with respect to the departure decision to de novo. Under this scheme, while the decision to depart was reviewed de novo, the degree of departure was still reviewed for abuse of discretion. Then, in January 2005, the Supreme Court in Booker excised § 3742(e), leaving the appellate courts to review sentences for reasonableness. The Court explained that it was essentially returning to the standard of review provided by the pre-2003 text, which directs us to determine whether the sentence is unreasonable with regard to § 3553(a). Section 3553(a) remains in effect, and its factors guide us in determining whether a sentence is unreasonable.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Simkanin · United States v. Castillo

3. “The statutory provisions in this case provide for not more than 10 years incarceration, and as I understand the status of law at this time, I'm bound by the statute and not the guidelines. I find in this case that I’m going to depart from the sentence called for by the application of the guidelines inasmuch as the facts found are not — are of the kind not sufficiently contemplated by the sentencing commission.... I have considered and given great weight to the sentencing guidelines.... I have further considered the factors enumerated in 18 U.S.C. 3553. I have also looked at 3553(b)(2) which deals with child crimes and sexual offenses, and it provides that when the Court finds that there exists aggravating circumstances of a kind or to a degree not adequately taken into consideration by the sentencing commission, then I can give a sentence that is greater than that described in the sentencing guidelines, and I think under the recent U.S. Supreme court [sic] cases, unless I give a sentence that’s plainly unreasonable outside the statute, that I have not exceeded my authority. Having looked at the defendant's criminal history, it is true, as his counsel stated, that he presently has two state charges against him, separate charges, for sexual battery of children. One of them is six years of age, and I think the other is five years of age. Those are two separate events. You also were charged with rape of a child in 1993 and that was dismissed. It turns out it was your four-year-ol”

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