United States v. James’s Empirical Analysis
848 F.2d 160 · 1988
Citation profile
12 federal appellate · 2 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2003
12 federal appellate · 2 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. § 1708 · 18 U.S.C. § 3565
Relies on Porzig v. Nolden · Burns v. United States · Affronti v. United States · United States v. Yancey · United States v. Ross
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that Ross is factually distinguishable because James’ fraudulent sales of the worthless television sets took place prior to sentencing, but this is a distinction without a difference. A return to illegal activity prior to sentencing is just as contemptible as a return to illegal activity prior to the beginning of the probationary term.... We therefore hold that § 3653 authorizes a district court to revoke a sentence of probation for acts committed after conviction but prior to sentencing. ... [T]he district court was justified in believing that James should not receive the benefit of probation. Despite being warned by the district court to stay out of trouble pending the completion of the pre-sentence investigation, James engaged in illegal activity soon after pleading guilty to receiving and possessing stolen mail. The district court did not abuse its discretion in revoking his probation.”
1 later decision quote this exact passage · from the majority“If the defendant violates a condition of probation at any time prior to the expiration or termination of the term of probation, the court may ... revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sentencing.”
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.