United States v. Pineiro’s Empirical Analysis

Citation profile

17 federal appellate · 1 district · 1 state decisions

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

1. “The mandate rule, which is a corollary or specific application of the law of the case doctrine, prohibits a district court on remand from reexamining an issue of law or fact previously decided on appeal and not resubmitted to the trial court on remand. This prohibition covers issues decided both expressly and by necessary implication, and reflects the jurisprudential policy that once an issue is litigated and decided, that should be the end of the matter. This rule is essential to the orderly administration of justice, as it is aimed at preventing obstinate litigants from repeatedly reasserting the same arguments and at discouraging opportunistic litigants from appealing repeatedly in the hope of acquiring a more favorable appellate panel.”

   1 later decision quote this exact passage · from the majority
   e.g. Rhino Energy LLC v. C.O.P. Coal Development Co. (In re C.W. Mining Co.)

2. “[t]he only issues on remand properly before the district court are those issues arising out of the correction of the sentence ordered by this, court. In short, the resentencing court can consider whatever this court direets-no more, no less. All other issues not arising out of this court’s ruling and not raised before the appeals court, which could have been brought in the original appeal, are not proper for reconsideration by the district court below.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Jessica Bagley