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← 432 F.3d 1056 - United States v. Fifield

United States v. Fifield’s Empirical Analysis

432 F.3d 1056 · 2005

Citation profile

63
cited by 63 later decisions
3
states following
April 2024
most recently cited

15 federal appellate · 4 state decisions

How this case has been cited

Cited by 63 later decisions — most recently April 2024 · most notably United States v. Miqbel (2006), United States v. Stoterau (2008)

15 federal appellate · 4 state decisions

440200520102020decided

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. § 3584 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act)

Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Burns v. United States · United States v. Ameline

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

  1. “a term of imprisonment resulted from another offense that is relevant conduct to the instant offense of conviction under the provisions of subsections (a)(1), (a)(2), or (a)(3) of § 1B1.3 (Relevant Conduct) and that was the basis for an increase in the offense level for the instant offense under Chapter Two (Offense Conduct) or Chapter Three (Adjustments), the sentence for the instant offense shall be imposed as follows: (1) the court shall adjust the sentence for any period of imprisonment already served on the undischarged term of imprisonment....”
    1 later decision quote this exact passage · from the majority
  2. “When there is a discrepancy between an unambiguous oral pronouncement of a sentence and the written judgment, the oral pronouncement controls.” United States v. Fifield, 432 F.3d 1056 , 1059 n. 3 (9th Cir.2005). We therefore give legal effect to the word”
    1 later decision quote this exact passage · from the majority
  3. “Judicial factfinding does not, on its own, violate the Sixth Amendment, even when that factfinding is the basis for enhancing a defendant's sentence.”
    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.