United States v. Nelson’s Empirical Analysis
54 F.3d 1540 · 1995
Citation profile
48 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 81 later decisions — most recently July 2011 · most notably United States v. Miller (1996), United States v. Mitchell (1997)
48 federal appellate · 1 district · 1 state decisions
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 12 U.S.C. § 1709 · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 28 U.S.C. § 1291
Relies on Stinson v. United States · United States v. Powell · Dunn v. United States · United States v. Dotterweich · Payless Wholesale Distributor, Inc. v. Albert Culver (P.R.) 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the record is ambiguous concerning the district court's awareness of its discretion to depart downward, we presume the court was aware of its authority.”
14 later decisions quote this exact passage · from the majority“A discretionary refusal to depart downward is not reviewable by this court unless it appears from the record the sentencing court erroneously believed the Guidelines did not permit a downward departure.”
10 later decisions quote this exact passage · from the majority“The defendant bears the burden of establishing his entitlement to a reduction under § 3E1.1.”
4 later decisions 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.