United States v. Kaba’s Empirical Analysis
480 F.3d 152 · 2007
Citation profile
13 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 2025 · most notably United States v. Cavera (2008), United States v. Jones (2008)
13 federal appellate · 1 district · 3 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 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 994
Relies on United States v. Jacobson · United States v. Lai-Moi Leung · United States v. Tarricone · United States v. Edwardo-Franco · United States v. Barresi
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unlike cases where a defendant fails to object to factual statements in a presentence report or a legal ruling regarding the application of the Sentencing Guidelines, in Leung the district court’s two questionable remarks either occurred after sentencing or were ambiguous. In part because “a defendant is understandably reluctant to suggest to a judge that an ambiguous remark reveals bias just as the judge is about to select a sentence,” we concluded that the defendant did not waive her argument on appeal. The same principles control here.”
1 later decision quote this exact passage · from the majority“Indeed frequently when I sentence folks who are not American citizens — she is a Canadian citizen who comes from mainland China — frequently when I sentence non-American citizens I make the observation which may to seem [sic] cynical but it is not intended to be cynical, it is intended to be factual: We have enough home-grown criminals in the United States without importing them. And I don’t see this as a case if [sic] for downward departure in any manner, shape or form. And I decline to downwardly depart.”
1 later decision quote this exact passage · from the majority“even the appearance that the sentence reflects a defendant's . . . nationality will ordinarily require a remand for resentencing.”
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.