United States v. Thomas’s Empirical Analysis
498 F.3d 336 · 2007
Citation profile
34 federal appellate ·
How this case has been cited
Cited by 98 later decisions — most recently June 2023 · most notably United States v. Mondragon-Santiago (2009), United States v. Vonner (2008)
34 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 18 U.S.C. § 2113 · 18 U.S.C. § 3553
Relies on United States v. Booker · Rita v. United States · Sells v. United States · United States v. Webb · United States v. Bostic
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[District courts, after pronouncing the defendant’s sentence but before adjourning the sentencing hearing, [must] ask the parties whether they have any objections to the sentence just pronounced that have not previously been raised. If the district court fails to provide the parties with this opportunity, they will not have forfeited their objections and thus will not be required to demonstrate plain error on appeal. If a party does not clearly articulate any objection and the grounds upon which the objection is based, when given this final opportunity [to] speak, then that party will have forfeited its opportunity to make any objections not previously raised and thus will face plain error review on appeal.”
3 later decisions quote this exact passage · from the majority“After considering the sentencing factors set forth in 18 U.S.C. § 3553 (a), and the advisory sentencing guidelines calculation, the Court found no basis to engage in a variation from the advisory guideline range. Consequently, the Court imposed a sentence of 60 months for count one and a sentence of 120 months for the remaining convictions with the sentence of 120 months to be served consecutively to the 60 month sentence for a total of 180 months. J.A. at 50-51.”
1 later decision quote this exact passage · from the majority“Thomas in his sentencing memorandum raised a number of arguments regarding application of the § 3553(a) factors, but those arguments went unmentioned and unaddressed, save the general statement by the district court that it had received, read, and understood the sentencing memorandum. In such circumstances, we must conclude that “the ‘context and the record’ do not ‘make clear’ the court’s reasoning.””
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.