United States v. McElwee’s Empirical Analysis
646 F.3d 328 · 2011
Citation profile
10 federal appellate ·
Relationships
Applies 18 U.S.C. § 1347 (§ 242 of the Health Insurance Portability and Accountability Act of 1996) · 18 U.S.C. § 2 · 18 U.S.C. § 3553 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 843 (§ 403 of the Controlled Substances Act) · 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Jackson v. Virginia · Gall v. United States · United States v. Smith · United States v. Villanueva · United States v. Brantley
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the sentencing judge is in a superior position to find facts and judge their import under [ 18 U.S.C.] § 3553(a) in the individual case. The judge sees and hears the evidence, makes credibility determinations, has full knowledge of the facts, and gains insights not conveyed by the record.”
1 later decision quote this exact passage · from the majority“A challenge to the sufficiency of the evidence that is procedurally preserved ... is reviewed de novo.”
1 later decision quote this exact passage · from the majority“the appellate court might reasonably have concluded that a different sentence was appropriate.”
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.