United States v. Ressam’s Empirical Analysis
679 F.3d 1069 · 2012
Citation profile
20 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990) · 18 U.S.C. § 1028 (Identity Theft and Assumption Deterrence Act of 1998) · 18 U.S.C. § 1546 · 18 U.S.C. § 2332B (§ 702 of the Antiterrorism and Effective Death Penalty Act of 1996) · 18 U.S.C. § 33 · 18 U.S.C. § 3553 · 18 U.S.C. § 545 · 18 U.S.C. § 842
Relies on United States v. Booker · Gall v. United States · Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · Rita 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Supreme Court has explicitly rejected “the use of a rigid mathematical formula that uses the percentage of a departure as the standard for determining the strength of the justifications required for a specific sentence.” Gall, 552 U.S. at 47 , 128 S.Ct. 586 . It has made clear, nonetheless, that we are to consider the “extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance.” Id. at 50 , 128 S.Ct. 586 . It is in that light that we must assess the district court’s consideration of the § 3553(a) factors.”
1 later decision quote this exact passage · from the dissent““the nature and circumstances of the offense and the history and characteristics of the defendant ... [and] shall impose a sentence sufficient, but not greater than necessary ... [1] to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; [2] to afford adequate deterrence to criminal conduct; [3] to protect the public from further crimes of the defendant; and [4] to provide the defendant with needed ... correctional treatment in the most effective manner.” 18 U.S.C. § 3553 (a).”
1 later decision quote this exact passage · from the majority“[A]lthough recidivism ordinarily decreases with age, we have rejected this reasoning as a basis for a sentencing departure for certain classes of criminals, namely sex offenders. We also reject this reasoning here. 'Terrorists, even those with no prior criminal behavior, are unique among criminals in the likelihood of recidivism, the difficulty of rehabilitation, and the need for incapacitation.'”
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.