United States v. Norita’s Empirical Analysis

Citation profile

1 district ·

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

1. “I. Motion for Reconsideration. The United States of America asks the Court to reconsider its previous order that the government produce a copy of the “Laboratory Operations Manual applicable to the testing of methamphetamine and d-methamphetamine hydrochloride” and “the sections of the DEA Agent’s Field Manual pertaining to the use of confidential informants.” (See Order on Defendants’ Discovery Motions, 12/08/2009.) Federal Rule of Criminal Procedure 16(a)(1)(E) provides that “Upon a defendant’s request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the item is within the government’s possession, custody, or control and ... the item is material to preparing the defense,.... ” The government urges the court to reconsider its ruling because the laboratory manual and the agent manual are not material to the defense, the material may be privileged, and Defendant may be able to access the manual through other means. The Court is not convinced that the manuals are irrelevant, that they are privileged or that they are accessible to the public. Accordingly, the motion for reconsideration is DENIED and the information shall be produced as ordered in the Court’s previous order.”

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

2. “Based upon my almost decade long familiarity with the LOM and based upon conversations specifically occasioned by the court’s order that I have had with SF [ (Office of Forensic Sciences) ] colleagues, I know that to the extent such methamphetamine “procedures and standards” appear at all in the DEA Laboratory Operations Manual (LOM), it [sic] is contained in two sentences at paragraph 7002.2D: “Determination of optical isomeric form (e.g., destropropoxyphene) will be performed whenever statutory considerations, sentencing guidelines, or control status would be affected. For further information on the determination of optical isomeric forms of methamphetamine, review the LS-05-002 Reporting Methamphetamine Enantiomers.””

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

3. “10. The Government shall obtain the section of the Laboratory Operations Manual applicable to the testing of methamphetamine and d-methamphetamine hydrochloride and promptly produce it to the defense. 11. The Government shall obtain the section of the DEA Agent’s Field Manual pertaining to the use of confidential informants and shall promptly produce it to the defense.”

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