United States v. DiRusso’s Empirical Analysis
548 F.2d 372 · 1976
Citation profile
27 federal appellate · 2 district ·
How this case has been cited
Cited by 38 later decisions — most recently December 2003 · most notably Wright v. United States Board of Parole (1977), Watts v. Hadden (1981)
27 federal appellate · 2 district ·
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
Relies on United States v. Tucker · Townsend v. Burke · Roche v. Evaporated Milk Ass'n · Roaden v. Kentucky · United States v. Malcolm
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a case in which the applicability of the guidelines should have been known to bench and bar at the time of sentencing, we hold that Rule 35 provides the exclusive means of relief for the criminal defendant. Although this rule may not yield entirely satisfactory results in this case and although we sympathize with the district court’s desire to correct its error, we think our holding today is necessary to preserve the separate functions of the Parole Commission and the sentencing judge. Not only is such action as that taken by the district court unnecessary to provide a realistic remedy in the generality of cases, but any departure from a bright line test seems to us an unwarranted and costly incursion into a judge’s subjective intent. Were it always open to a prisoner to test a judge’s intention at the time of sentencing in the light of subsequent actions of the Parole Commission, there would predictably be a flood of pro se and other petitions, accepting this invitation. See Jacobson v. United States, 542 F.2d 725 , at 727 (8th Cir. 1976). We would also foresee problems for both the sentencing and the reviewing courts. The sentencing judge would have to reconstruct its state of mind in sentencing in a particular case, perhaps one remote in time. And if the reviewing court is not to accept without question the sentencing judge’s reconstruction of his earlier intent, it would find itself in an awkward position in determining whether and why that reconstruction was unreasona”
2 later decisions quote this exact passage“the sentences that were collaterally attacked had been imposed either prior to or contemporaneously with the promulgation and general awareness”
1 later decision quote this exact passage
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.