United States v. Hill’s Empirical Analysis
539 F.3d 1213 · 2008
Citation profile
5 federal appellate · 2 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 5037 · 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 28 U.S.C. § 1291
Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Ring v. Arizona · Cunningham v. California
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he determination of a felony sentence [in Kansas] is based on two factors: the current crime of conviction and the offender’s prior criminal history. The Kansas sentencing guidelines employ a grid, which is a two-dimensional chart.[ 1 ] The grid’s vertical axis lists the various levels of crime severity, ranging from I to IX for non-drug offenses. The horizontal axis is the criminal history scale, which classifies various criminal histories. To determine an offender’s presumptive sentence, one must consult the grid box at the juncture of the severity level of the crime for which the defendant was convicted and the offender’s criminal history category.... On June 6, 2002, Kansas adopted new sentencing provisions ... eradicating] the trial court’s discretion to sentence a defendant to an upward departure [from the presumptive sentence] based on aggravating factors. Instead, upward departures are permitted where by unanimous vote, the jury finds beyond a reasonable doubt that one or more specific factors exist that may serve to enhance the maximum sentence. The state must seek an upward departure sentence not less than thirty days prior to trial. The court must then determine if any facts or factors that would increase the sentence beyond the statutory maximum need to be presented to the jury and proved beyond a reasonable doubt. As a consequence, upward departures are ... constitutional in Kansas, but they require new procedures and a jury finding.”
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.