United States v. Park’s Empirical Analysis

Citation profile

18 federal appellate · 2 district · 3 state decisions

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

1. ““Rule 32 is explicit. It asserts that the ‘report shall not be submitted to the court . unless the defendant has pleaded guilty or has been found guilty.’ This language clearly permits the preparation of a presentence report before guilty plea or conviction but it is equally clear that the report must not, under any circumstances, be ‘submitted to the court’ before the defendant pleads guilty or is convicted. Submission of the report to the court before that point constitutes error of the clearest kind. “Moreover, the rule must not be taken lightly. Presentence reports are documents which the rule does not make available to the defendant as a matter of right. There are no formal limitations on their contents, and they may rest on hearsay and contain information bearing no relation whatever to the crime with which the defendant is charged. To permit the ex parte introduction of this sort of material to the judge who will pronounce the defendant’s guilt or innocence or who will preside over a jury trial would seriously contravene the rule’s purpose of preventing possible prejudice from premature submission of the presentenee report. No trial judge, therefore, should examine the report while the jury is deliberating since he may be called upon to give further instructions or answer inquiries from the jury, in which event there would be the possibility of prejudice which Rule 32 intended to avoid. Although the judge may have that information at his disposal in order to give a def”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Montecalvo · Ellis v. United States District Court for the Western District of Washington

2. ““(c) Presentence Investigation. (1) When Made. The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds that there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record. The report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time.””

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

3. ““Before a person is admitted to visit an inmate at a federal correctional institution, certain procedures must be complied with. First, one must be approved as a visitor. When a visitor has been placed on the approved list, along with the notification of approval, the warden sends the visitor a printed letter of regulations pertaining to prison visits [citation omitted]. Second, each and every time a visitor arrives at the prison, he is required to fill out and sign a visitor’s form [warning that the introduction or attempt to introduce contraband is punishable by up to 10 years’ imprisonment].” 521 F.2d at 1384 .”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Watson