Gee v. United States’s Empirical Analysis
452 F.2d 849 · 1971
Citation profile
11 federal appellate · 1 state decisions
Relationships
Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 50 U.S.C. § 3806
Relies on Brady v. United States · Jackson v. Denno · McMann v. Richardson · Von Moltke v. Gillies · Marchetti v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Gee filed his motion in the district court within approximately two weeks after he had entered a plea of guilty to the indictment. The motion sought to vacate, or in the alternative, to modify the sentence. We have reviewed only the final judgment of the district court which granted Gee’s motion to vacate sentence and ‘afforded’ him a classification different from the one given by the board. The court did not specifically rule on the alternative ground of the motion which sought to modify the sentence. This alternative ground, which was expressly based upon Rule 35 F.R.Cr.P., alleged ‘that the circumstances outlined above militate in favor of the reduction of the sentence imposed upon the defendant herein.’ The alternative prayer of the motion was ‘that the sentence pronounced upon him be reduced.’ We do not reach the question whether the court has authority upon remand to reduce the sentence in accordance with Rule 35 F.R.Cr.P. That question is one which should be initially resolved by the district court. See Johnson v. United States, 235 F.2d 459 (5th Cir. 1956); United States v. Ursini, 296 F.Supp. 1152 (D.C.Conn.1968); 2 C. Wright, Fed. Practice & Procedure § 587, at 573 (1969). See also Lott v. United States, 309 F.2d 115 (5th Cir. 1962), cert. denied, 371 U.S. 950 , 83 S.Ct. 504 , 9 L.Ed.2d 498 (1963).””
1 later decision quote this exact passagee.g. United States v. Gee“although Seeger is not the model of clarity, we think it was certainly adequate to place Gee on notice that his claim of conscientious objection based on nonreligious (grounds) was not so foreclosed by the existing law as to compel a guilty plea.”
1 later decision quote this exact passage
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.