United States v. McGlocklin’s Empirical Analysis
8 F.3d 1037 · 1993
Citation profile
59 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 80 later decisions (1 by the Supreme Court) — most recently August 2011 · most notably Custis v. United States (1994), United States v. Ferguson (1993)
59 federal appellate · 1 district · 1 state decisions
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. § 3551 (Mandatory Victims Restitution Act of 1996) · 18 U.S.C. § 3553 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 851 (§ 411 of the Controlled Substances Act) · 28 U.S.C. § 1738 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chapman v. State of California · Boykin v. Alabama · Johnson v. Zerbst · Gideon v. Wainwright · Brady 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“includes the defendant's criminal history. See United States v. Byrd, 984 F.2d 251 , 252 (8th Cir.1993). A sentencing judge is required to base the determination of the proper sentence on reliable information. Conversely, a sentencing judge must disregard evidence which is untrustworthy or unreliable. Thus, a sentencing judge must have some discretion to entertain a defendant's claim that a prior conviction should not be counted. The Supreme Court has held that a sentence cannot be based on”
2 later decisions quote this exact passage · from the majority“state specifically the grounds claimed for the prior conviction's constitutional invalidity in his initial objection and the 'anticipated means by which proof of invalidity will be attempted--whether by documentary evidence, including state court records, testimonial evidence, or combination--with an estimate of the process and the time needed to obtain the required evidence.'”
2 later decisions quote this exact passage · from the majority“As the Supreme Court recently has made clear, 'even when a collateral attack on a final conviction rests on constitutional grounds, the presumption of regularity that attaches to final judgments makes it appropriate to assign a proof burden to the defendant.'”
2 later decisions 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.