United States v. Avery’s Empirical Analysis

Citation profile

18 federal appellate · 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court: You are not entering a plea just because you want to get the deal that is offered to you? You are also entering because, in fact, you believe you are guilty of the offense or if you want to put it this way, do you feel there is a strong case against you?”

   2 later decisions quote this exact passage
   e.g. United States v. Avery · United States v. Avery

2. “convictions that a defendant shows to have been previously ruled constitutionally invalid are not to be counted”

   2 later decisions quote this exact passage
   e.g. United States v. French · United States v. Paleo

3. ““Based on the foregoing, I find that I may properly rely upon facially valid pri- or judgments in determining whether the requisite convictions have been established for the purposes of § 4B1.1. In order to overcome a facially valid judgment, I find that a defendant must show that the conviction has been previously determined to be unconstitutionally invalid either on a direct appeal or in a habeas proceeding in accordance with Application Note 6 to § 4A1.2. If such exhaustion has not been pursued or completed prior to sentencing, then I find that the appropriate procedure is for the defendant to file a petition for a correction of this sentence pursuant to § 2255 following a determination that the conviction was unconstitutionally obtained.” Avery, 773 F.Supp. at 1408 .”

   1 later decision quote this exact passage
   e.g. United States v. Canales