United States v. Penson’s Empirical Analysis
526 F.3d 331 · 2008
Citation profile
21 federal appellate ·
How this case has been cited
Cited by 76 later decisions — most recently June 2025 · most notably United States v. Herrera-Zuniga (2009), United States v. Simmons (2009)
21 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. § 2118 (Controlled Substance Registrant Protection Act of 1984) · 18 U.S.C. § 3553 · 18 U.S.C. § 3582 · 28 U.S.C. § 2106
Relies on United States v. Booker · Apprendi v. New Jersey · Gall v. United States · Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · Sherwood Partners, Inc. v. Lycos, Inc.
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the district court eommit[s a] significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the [18 U.S.C.] § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence — including an explanation for any deviation from the Guidelines range.”
2 later decisions quote this exact passage · from the majority“‘if a sentencing judge asks ... whether there are any objections not previously raised, in compliance with the procedural rule set forth in United States v. Bostic, 371 F.3d 865 (6th Cir.2004)[,] and if the relevant party does not object, then plain-error review applies on appeal’ to those procedural-reasonableness arguments that were not preserved in the district court.”
1 later decision quote this exact passage · from the majority“ ‘any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.’ ”
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.