United States v. Karp’s Empirical Analysis
764 F.2d 613 · 1985
Citation profile
17 federal appellate ·
How this case has been cited
Cited by 19 later decisions — most recently July 2009
17 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 3651 · 18 U.S.C. § 3742 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Murray · Andrews v. United States · Affronti v. United States · United States v. Ellenbogen · U. S. Merchandise Mart, Inc. v. D&H Distributing Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Read as written, Rule 35(b) now classifies a grant of probation (after an original sentence of confinement) as a “permissible reduction.” Rule 35 is concerned with time limits. The clear meaning and juxtaposition of words in the rule are sensible and compelling: A grant of probation is a reduction of sentence under 35(b) and must be made within 120 days. There is no other reason for enacting that language as it is stated, and for placing it where it is placed. I would give ordinary words their ordinary meaning and would hold that the district court in this case cannot grant probation because the limit of 120 days is long past.”
2 later decisions quote this exact passage · from the dissent“We hold that, wholly apart from Rule 35, the sentencing court has had the power since 1925 to order probation for a convicted defendant at any time before the execution of the pronounced but unexecuted sentence.”
2 later decisions quote this exact passage · from the majority“Changing a sentence from a sentence of incarceration to a grant of probation shall constitute a permissible reduction of sentence under this subdivision.”
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.