United States v. Wise’s Empirical Analysis
603 F.2d 1101 · 1979
Citation profile
16 federal appellate · 7 state decisions
How this case has been cited
Cited by 30 later decisions — most recently May 2010 · most notably Smith v. State (1986), State v. Garvin (1996)
16 federal appellate · 7 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 18 U.S.C. § 1621 · 18 U.S.C. § 1623 · 18 U.S.C. § 2 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on North Carolina v. Pearce · Williams v. People of State of New York · United States v. Tucker · Gryger v. Burke · United States v. Grayson
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[W]e believe that when a sentencing judge takes into account various aspects of the defendant’s background, including other offenses committed, in order to assess the defendant’s need for rehabilitation, the sentence thereby imposed does not constitute punishment for these aspects of defendant’s background.” 603 F.2d at 1106 .”
1 later decision quote this exact passage · from the majoritye.g. Smith v. State“The sentence as a ... habitual criminal is not to be viewed as either a new jeopardy or additional penalty for the earlier crimes. It is a stiffened penalty for the latest crime, which is considered to be an aggravated offense because a repetitive one.”
1 later decision quote this exact passage · from the majority“waived his [F]ifth [A]mendment privilege by entering into the plea agreement requiring him to cooperate with the government and by testifying to his participation in the [crime] when he entered his guilty plea”
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.