United States v. Brewer’s Empirical Analysis

Citation profile

11 federal appellate ·

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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is ... for the district court to first assess whether and to what extent [defendant’s] sentence may be thereby affected, and that court is entitled to address this issue either sua sponte or in response to a motion by [defendant] or the Bureau of Prisons. See 18 U.S.C. § 3582 (c)(2). Accordingly, we need not remand for resentencing in order for [defendant] to pursue relief in the district court under Amendment 706, and we decline to do so. However, this decision is rendered without prejudice to [defendant’s] right to pursue such relief in the sentencing court.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. McClain

2. “in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. § 994 (o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Williams