United States v. Gaviria’s Empirical Analysis
49 F.3d 89 · 1995
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 8 later decisions — most recently April 2019
5 federal appellate ·
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)
Relies on Harris v. McRae · Delaware v. New York · Hallstrom v. Tillamook County · Hallstrom v. Tillamook County · United States v. Fatico
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The effect of the government’s breach of its commitment is difficult to erase if the case remains before the same judge, because the judge’s decision ... was based on his assessment of the facts. As the facts on remand will be the same, regardless of the arguments advanced by the PSR and the government, it is likely that the same judge would reach the same result as he reached before.... Resentenc-ing before the same judge might therefore deprive the defendant of the benefit he was promised in the plea agreement.”
1 later decision quote this exact passage · from the majority“[R]emanding to a different district judge is an extraordinary remedy ... [to] be reserved for the extraordinary case.”
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.