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← 455 F.3d 649 - United States v. Barton

United States v. Barton’s Empirical Analysis

455 F.3d 649 · 2006

Citation profile

62
cited by 62 later decisions
1
states following
March 2018
most recently cited

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.

  1. “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
  2. “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
  3. “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.