United States v. Bryant’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 1 state decisions

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[r]esentencings are various in kind and many are very narrow. At one extreme, the resentencing ordered may be as unconstrained and open-ended as an initial sentencing; but at the other extreme, a remand may be so focused and limited that it involves merely a technical revision of the sentence dictated by the appeals court and calls for no formal proceeding—say, modifying the judgment to cut back to its legally permitted length a supervised release term that exceeded what the statute permits. [ United States v. Bryant, 643 F.3d 28, 32 (1st Cir.2011).]”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Brown · United States v. George

2. “Whatever [the mandate rule] may preclude as to arguments that were made and lost or should have been made but were not, it can hardly extend to arguments that a party could not reasonably have been expected to make in the prior sentencing.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Almonte-Nunez

3. “whether the defendant's presence and an opportunity to allocute are required has in practice turned on whether requiring these safeguards made sense in the context of the proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. George