642 F. Supp. 2d 1268 - Huschak v. Gray’s Empirical Analysis
2009
Citation profile
1 federal appellate · 1 district · 2 state decisions
Relationships
Applies 10 U.S.C. § 802 · 10 U.S.C. § 866 · 10 U.S.C. § 952 · 18 U.S.C. § 3583 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Morrissey v. Brewer · Wolff v. McDonnell · Hill v. Lockhart · Gagnon v. Scarpelli · United States v. DiFrancesco
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The essence of parole is release from prison, before the completion of sentence, on the condition that the prisoner abide by certain rules during the balance of the sentence. Under some systems, parole is granted automatically after the service of a certain portion of a prison term. Under others, parole is granted by the discretionary action of a board, which evaluates an array of information about a prisoner and makes a prediction whether he is ready to reintegrate into society. Its purpose is to help individuals reintegrate into society as constructive individuals as soon as they are able, without being confined for the full term of the sentence imposed.”
1 later decision quote this exact passage · from the majority“The federal civilian system of supervised release differs from most parole systems because supervised release is imposed upon civilians by a court, instead of a parole board, as part of the sentence. The period of actual confinement ordered at the time of sentencing is not shortened by supervised release under § 3583; in fact, it may be lengthened if supervised release is revoked. This court need not decide whether the sys tem of supervised release under § 3583 is a “parole” system. That is not the issue here. The question is whether MSR is a “parole” system. We answer the question “yes.””
1 later decision quote this exact passage · from the majority“[t]he supervised release of prisoners who are not granted parole prior to their [minimum release date] is a highly effective technique to provide an orderly transition to civilian life for released prisoners and to better protect the communities into which such prisoners are released. Accordingly, it shall be the policy of the Department of Defense to use supervised release in all cases except where it is determined by the Service Clemency and Parole Boards to be inappropriate.”
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.