United States v. Ballard’s Empirical Analysis
6 F.3d 1502 · 1993
Citation profile
27 federal appellate · 3 district ·
How this case has been cited
Cited by 72 later decisions — most recently October 2016 · most notably Ruggiano v. Reish (2002), Romandine v. United States (2000)
27 federal appellate · 3 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
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3584 · 18 U.S.C. § 871 · 28 U.S.C. § 994
Relies on United States v. Wheeler · Sisson v. Ruby · Penn v. Parke State Bank · Copeland v. United States · Herman v. Department of Treasury
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the instant offense was committed while the defendant was serving a term of imprisonment (including work release, furlough, or escape status) or after sentencing for, but before commencing service of, such term of imprisonment, the sentence for the instant offense shall be imposed to run consecutively to the undischarged term of imprisonment.”
4 later decisions quote this exact passage · from the majority““[I]f a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively.” 18 U.S.C. § 3584 (a).... Neither § 3584(a) nor any other statute of which we are aware authorizes a federal judge to declare that his sentence must run consecutively to some sentence that may be imposed in the future.... But sentences may well run consecutively by force of law; indeed, the subject may simply be out of the judge’s hands. The final sentence of § 3584(a) reads: “Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently.” A judge cannot make his sentence concurrent to nonexistent sentences that some other tribunal may or may not impose; thus the sentence is automatically consecutive. The next judge in line may make service concurrent in practical effect. For example, the state judge could have given Romandine a discount of 10 months on account of his undischarged federal sentence. Likewise the Attorney General could make the federal sentence run concurrently by designating the state prison as a place of federal confinement, so that the clock would start to tick on the federal sentence. “A sentence to a term of imprisonment commences on the date the defendant is received in custody ... [at] the official detention facility at which the sentence is to be served.” 18 U.S.C. § 3585 (a). All the Attorney General has to do i”
2 later decisions quote this exact passage · from the majority“to the extent necessary to achieve a reasonable incremental punishment for the instant offense.”
2 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.