United States v. Chase’s Empirical Analysis
894 F.2d 488 · 1990
Citation profile
20 federal appellate ·
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 3551 (Mandatory Victims Restitution Act of 1996) · 18 U.S.C. § 3553 · 18 U.S.C. § 3742
Relies on United States v. Diaz-Villafane · United States v. Wright · United States v. Aguilar-Pena
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission....”
2 later decisions quote this exact passage · from the majority“First, we assay the circumstances relied on by the district court in determining that the case is sufficiently “unusual” to warrant departure. That review is essentially plenary: whether or not circumstances are of a kind or degree that they may appropriately be relied upon to justify departures is, we think, a question of law. Second, we determine whether the circumstances, if conceptually proper, actually exist in the particular case. That assessment involves factfinding and the trier’s determinations may be set aside only for clear error. See 18 U.S.C. § 3742 (d). Third, once we have assured ourselves that the sentencing court considered circumstances appropriate to the departure equation and that those factors enjoyed adequate record support, the direction and degree of departure must, on appeal, be measured by a standard of reasonableness.”
1 later decision quote this exact passage · from the majority“We find the instant case to be one in which the additional offenses (numbering nine) resulted in a total of significantly more than five units. Without question, the circumstance relied upon by the district court to justify departure from the Guidelines — the large additional number of bank robberies committed by the defendant — is sufficiently unusual’ to justify departure.”). 13 . Okane, 52 F.3d at 832-33 (”
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.