United States v. Duque’s Empirical Analysis
883 F.2d 43 · 1989
Citation profile
44 federal appellate ·
How this case has been cited
Cited by 59 later decisions — most recently December 2001 · most notably United States v. Howard (1990), United States v. Lockard (1990)
44 federal appellate ·
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. § 3553 · 18 U.S.C. § 3742 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on United States v. Mejia-Orosco
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“judge sentences within the appropriate guideline, and the range of the guideline does not exceed 24 months, the trial judge is not required to state reasons for selecting a sentence within the guideline range.”
7 later decisions quote this exact passage · from the majority“A district court is permitted to depart from a Guidelines-specified sentence only when it finds 'an aggravating or mitigating circumstance ... that was not adequately taken into consideration by the Sentencing Commission....'”
3 later decisions quote this exact passage · from the majority“shall state in open court the reasons for its imposition of the particular sentence.”
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.