United States v. Smith’s Empirical Analysis
474 F.3d 888 · 2007
Citation profile
21 federal appellate · 2 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2024 · most notably 41 Cal. 4th 799 - People v. Black (2007), United States v. Vowell (2008)
21 federal appellate · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3621 · 18 U.S.C. § 924
Relies on United States v. Booker · Apprendi v. New Jersey · Almendarez-Torres v. United States · United States v. Webb · United States v. Williams
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the district court not only explained the reasons it was departing upward but it also provided an analysis of the § 3553(a) factors. It examined each of the prior convictions on Smith’s record. It concluded, based on this review, that Smith “has a history of drug abuse, possessing dangerous firearms, and acts of violence against women.” It explained that it chose the sentence it did because Smith “has shown utter disregard for the law throughout the course of his life.” It recognized that the sentence would keep Smith off the street and that that alone was a benefit to the safety of the community.... We do not require a rote recitation of § 3553(a) factors but rather an explanation of why the district court chose the sentence it did. The court below examined many of the § 3553(a) factors and attached to them a not unreasonable weight. We conclude that it was within its discretion to impose the sentence it did.”
1 later decision quote this exact passage · from the concurrence“Standard for Upward Departure. — If reliable information indicates that the defendant’s criminal history category substantially under-represents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes, an upward departure may be warranted.”
1 later decision quote this exact passage · from the concurrence“form of proportionality review: the greater the variance from the range, the more compelling the justification for variance must be.” Id. at 892 (internal quotations omitted). However, in United States v. Tate, 516 F.3d 459 (6th Cir. 2008), this Court questioned whether such a”
1 later decision quote this exact passage · from the concurrence
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.