United States v. Brittman’s Empirical Analysis
872 F.2d 827 · 1989
Citation profile
118 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 138 later decisions — most recently March 2012 · most notably United States v. Silverman (1992), United States v. La Guardia (1990)
118 federal appellate · 3 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. § 2113 · 18 U.S.C. § 3013
Relies on Lockett v. Ohio · Mistretta v. United States · Ex parte United States · United States v. Frank
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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the Guidelines, sentencing judges retain discretion to accept or reject a plea bargain, to resolve factual disputes about the appropriate base offense level, to consider adjusting that base level for mitigating and aggravating circumstances, to choose from a range of sentences, to set probation conditions, and to determine when to depart from the Guidelines.”
3 later decisions quote this exact passage · from the majority“the District Court acted prudently in using this two-track procedure. As the Court observed, ‘if the Guidelines and the Commission are held constitutional, only a new commitment order will have to be executed.’ [citation omitted] It will not be necessary to have a second sentencing hearing. Nor, of course, will the two-track procedure be appropriate in the future.”
2 later decisions quote this exact passage · from the majority“in any event the Constitution does not guarantee individualized sentencing, except in capital cases.”
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.