United States v. Schlesinger’s Empirical Analysis
49 F.3d 483 · 1994
Citation profile
88 federal appellate · 4 district ·
How this case has been cited
Cited by 168 later decisions — most recently October 2023 · most notably United States v. McMullen (1996), Weinberger v. United States (2001)
88 federal appellate · 4 district ·
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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Wainwright v. Sykes · United States v. Frady · Pension Benefit Guaranty Corp. v. LTV Corp. · United States v. Keller · United States v. Lewis
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 168 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 U.S.C. § 2255 .”
15 later decisions quote this exact passage · from the majority“a defendant waives his right to attack the presentence report through a § 2255 motion when he fails to avail himself of an opportunity to do so contemporaneously or on direct appeal”
2 later decisions quote this exact passage · from the majority“are waived, without any opportunity to be saved by a showing of cause and prejudice.”
2 later decisions 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.