United States v. Stein’s Empirical Analysis
544 F.2d 96 · 1976
Citation profile
25 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 41 later decisions — most recently May 2014 · most notably United States v. Fatico (1978), United States v. Robin (1977)
25 federal appellate · 1 district · 2 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 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 18 U.S.C. § 371 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Tucker · Townsend v. Burke · Weems v. United States · Eisenstadt v. Baker · Dorszynski v. United States
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The motion papers failed to state the basis of Stein’s invocation of the court’s jurisdiction. To the extent that the motion may be deemed one under Rule 35, F.R.Cr.P., for reduction of sentence on grounds of harshness, it may have been time-barred, but the legality of the sentence, either under Rule 35 or 28 U.S.C. § 2255 could be raised at any time and was a matter within the district court’s jurisdiction. (Id.) 9”
1 later decision quote this exact passage · from the majority“Misinformation ... or material false assumptions as to any facts relevant to sentencing, renders the entire sentencing procedure invalid as a violation of due process. ( 544 F.2d at 102 )”
1 later decision quote this exact passage · from the majority“the sentencing judge was under a misapprehension as to at least two material facts,”
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.