United States v. Berry’s Empirical Analysis
618 F.3d 13 · 2010
Citation profile
11 federal appellate · 8 district ·
Relationships
Applies 18 U.S.C. § 3582 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 1291 · 28 U.S.C. § 994
Relies on United States v. Booker · Gall v. United States · Dillon v. United States · Kamen v. Kemper Financial Services, Inc. · United States v. Poff
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“based on a sentencing range that has subsequently been lowered by the Sentencing Commission,”
3 later decisions quote this exact passage · from the majority“Section 1B1.10(a)(2)(B) of the Guidelines prohibits sentence modifications under § 3582(c)(2) if a retroactive Guideline amendment 'does not have the effect of lowering the defendant's applicable guideline range.'”
2 later decisions quote this exact passage · from the majority“[a] reduction in the defendant's term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582 (c)(2) if ... [an applicable amendment] does not have the effect of lowering the defendant's applicable guideline range.”
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.