United States v. Pando’s Empirical Analysis
545 F.3d 682 · 2008
Citation profile
5 federal appellate ·
Relationships
Applies 18 U.S.C. § 2 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 853 (§ 413 of the Controlled Substances Act)
Relies on United States v. Jakobetz · United States v. Hardeman · United States v. Deigert · People v. Swain · United States v. Booker
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether an unlisted offense is similar to an offense listed in subdivision (c)(1) or (c)(2), the court should use a common sense approach that includes consideration of relevant factors such as (i) a comparison of punishments imposed for the listed and unlisted offenses; (ii) the perceived seriousness of the offense as indicated by the level of punishment; (iii) the elements of the offense; (iv) the level of culpability involved; and (v) the degree to which the commission of the offense indicates a likelihood of recurring criminal conduct.”
1 later decision quote this exact passage · from the concurrence“Generally, this section provides that sentences for misdemeanor and petty offenses are counted except that certain offenses, including [contempt of court], and offenses similar to them, by whatever name they are known, are counted only if (A) the sentence was a term of probation of more than one year or a term of imprisonment of at least thirty days, or (B) the prior offense was similar to an instant offense.”
1 later decision quote this exact passage · from the majority“5. Sentences for Driving While Intoxicated or Under the Influence. — Convictions for driving while intoxicated or under the influence (and similar offenses by whatever name they are known) are counted. Such offenses are not minor traffic infractions within the meaning of § 4A1.2(c).”
1 later decision quote this exact passage · from the concurrence
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.