United States v. Gambert’s Empirical Analysis
433 F.2d 321 · 1970
Citation profile
7 federal appellate · 7 state decisions
Relationships
Applies 18 U.S.C. § 2312
Relies on North Carolina v. Pearce · Williams v. People of State of New York · Moon v. Maryland · United States v. Coke · United States v. Gambert
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to assure the absence of such a motivation, we have concluded that whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for his doing so must affirmatively appear. Those reasons must be based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding. And the factual data upon which the increased sentence is based must be made part of the record, so that the constitutional legitimacy of the increased sentence may be fully reviewed on appeal. 395 U.S. at 726 .”
1 later decision quote this exact passage · from the majoritye.g. Cockerel v. State
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.