United States v. Holcomb’s Empirical Analysis
657 F.3d 445 · 2011
Citation profile
12 federal appellate ·
Relationships
Applies 1 U.S.C. § 109 · 18 U.S.C. § 3282 · 18 U.S.C. § 3553 · 18 U.S.C. § 3582 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 1658 · 28 U.S.C. § 994
Relies on United States v. Booker · Landgraf v. USI Film Products · Sibron v. State of New York Peters · Kimbrough v. United States · Dillon v. United States
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.
““EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION “The United States Sentencing Commission shall— “(1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 90 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U. S. C. [§] 994 note), as though the authority under that Act had not expired; and “(2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law.””
2 later decisions quote this exact passage · from the dissent“All that can be said in favor of punishing under the old law defendants not yet sentenced when the new one took effect is that if Congress were omnicompetent it would, out of an abundance of caution, have “expressly” directed that sentences imposed after the new law went into effect would be subject to the guideline amendments that the new law ordained---- Such questionable thinking can lead to gratuitously silly results in particular cases — these cases, for example.”
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.