United States v. Cherry’s Empirical Analysis
720 F.3d 161 · 2013
Citation profile
4 federal appellate ·
Relationships
Applies 18 U.S.C. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3162 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 42 U.S.C. § 1382 (§ 1611 of the Social Security Act of 1935)
Relies on United States v. Olano · Russello v. United States · Quercia v. United States · Bloate v. United States · United States v. Godwin
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“) (emphases added). We recognize that the waiver language appears only in § 3162(a)(2), and not in § 3162(a)(1), and that if Congress had intended for a speedy indictment claim to be waived upon failure to move for dismissal before trial, one might have expected Congress to have included the waiver language in both (a)(1) and (a)(2). After all,”
1 later decision quote this exact passage · from the majority“[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.”
1 later decision quote this exact passage · from the majority“Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section”
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.