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← 526 F.3d 331 - United States v. Penson

United States v. Penson’s Empirical Analysis

526 F.3d 331 · 2008

Citation profile

76
cited by 76 later decisions
June 2025
most recently cited

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 ·

580200820102020decided

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.

  1. “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
  2. “‘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
  3. “ ‘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.