United States v. Barton’s Empirical Analysis
455 F.3d 649 · 2006
Citation profile
29 federal appellate · 4 state decisions
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 3553
Relies on United States v. Booker · Blakely v. Washington · Weaver v. Graham · United States v. Harriss · Bouie v. City of Columbia
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Now that the Guidelines are advisory, the Guidelines calculation provides no such guarantee of an increased sentence, which means that the Guidelines are no longer akin to statutes in their authoritativeness. As such, the Ex Post Facto Clause itself is not implicated. Thus, the dual concerns of notice and the need to prevent arbitrary or vindictive legislative acts present in our earlier cases are no longer present in the same way they were when we analyzed changes to the Guidelines under the Ex Post Facto Clause.”
2 later decisions quote this exact passage · from the concurrence“Booker did not eliminate judicial fact-finding. Instead, the remedial majority gave district courts the option, after calculating the Guideline range, to sentence a defendant outside the resulting Guideline range.... District courts ... must, therefore, calculate the Guideline range as they would have done prior to Booker , but then sentence defendants by taking into account all of the relevant factors of 18 U.S.C. § 3553 , as well as the Guidelines range.”
1 later decision quote this exact passage · from the majority“The Supreme Court held that the remedy it chose in making the Guidelines advisory is all that is constitutionally necessary to avoid the Fifth Amendment due process problem that defendant alleges exists * * * . If the Supreme Court had felt it necessary to remedy the constitutional error in the Guidelines in the manner defendant suggests, it clearly could have done so.”
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.