United States v. Marino’s Empirical Analysis
654 F.3d 310 · 2011
Citation profile
14 federal appellate ·
Relationships
Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 18 U.S.C. § 3663 · 18 U.S.C. § 3663A (§ 204 of the Antiterrorism and Effective Death Penalty Act of 1996) · 18 U.S.C. § 3664 · 18 U.S.C. § 371 · 18 U.S.C. § 4
Relies on Blue Chip Stamps v. Manor Drug Stores · Dura Pharmaceuticals, Inc. v. Broudo · Holmes v. Securities Investor Protection Corporation · Hughey v. United States · ATSI Communications, Inc. v. Shaar Fund, Ltd.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.”
2 later decisions quote this exact passage · from the majority“(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim’s estate.”
1 later decision quote this exact passage · from the dissent“A Pimentel letter generally refers to an informational letter from the government containing an estimate of a defendant's likely sentence under the Sentencing Guidelines.... [I]t is often relied upon by defendants in entering guilty pleas.” United States v. Marino, 654 F.3d 310 , 315 n. 3 (2d Cir.2011). 2 . The Government states that it will”
1 later decision quote this exact passage · from the dissent
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.