United States v. Brown’s Empirical Analysis
770 F.2d 241 · 1985
Citation profile
26 federal appellate · 6 district ·
How this case has been cited
Cited by 36 later decisions — most recently August 2016 · most notably United States v. Hastings (1988), United States v. Green (1989)
26 federal appellate · 6 district ·
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. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3162 (§ 101 of the Speedy Trial Act of 1974) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Halliday v. United States · United States v. Janik · United States v. Mitchell · United States v. Pringle · Halliday 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Above all, the fact is that Congress explicitly and affirmatively decided to make dismissal without prejudice one of the sanctions for violation of the Act. [United States v. Janik, 723 F.2d 537, 546 (7th Cir.1983).] The heart of the matter therefore is: It would ill behoove a court to engraft a presumption on statutory language plain on its face that does not include it. Instead, we prefer to follow the thrust of the compromise reached in Congress and leave the discretionary decision on whether dismissal is with or without prejudice to the courts. [United States v. Caparella, 716 F.2d 976, 980 (2d Cir.1983).] See also United States v. Russo, 741 F.2d 1264, 1266 (11th Cir.1984) (agreeing with Caparella that neither remedy is preferred).”
1 later decision quote this exact passage · from the majority“In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice.”
1 later decision quote this exact passage · from the majority“The Act does not create a presumption in favor of dismissal with prejudice when its time limits are violated, ... [but] the decision is entrusted to the sound discretion of the trial judge and ... no preference is accorded to either kind of dismissal.”
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.