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← 895 F.2d 718 - United States v. Wright

United States v. Wright’s Empirical Analysis

895 F.2d 718 · 1990

Citation profile

38
cited by 38 later decisions
March 2006
most recently cited

32 federal appellate ·

Relationships

Applies 18 U.S.C. § 3742 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on United States v. Buenrostro · United States v. Franz · United States v. Colon · United States v. Denardi · United States v. Fossett

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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[t]o permit a defendant to appeal a sentence which falls below the guideline range would make meaningless the specificity of 18 U.S.C. Sec. 3742, which permits a defendant to raise on appeal [only] the district court's upward departure from the guideline range.”
    2 later decisions quote this exact passage · from the majority
  2. “(a) Appeal by a defendant. — A defendant may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence— (1) was imposed in violation of law; (2) was imposed as a result of an incorrect application of the sentencing guidelines; or (3) is greater than the sentence specified in the applicable guideline range to the extent that the sentence includes a greater fine or term of imprisonment, probation, or supervised release than the maximum established in the guideline range, or includes a more limiting condition of probation or supervised release under section 3563(b)(6) or (b)(ll) than the maximum established in the guide-fine range; or (4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”
    1 later decision quote this exact passage · from the majority
  3. “Appellate courts have long followed the principle that sentences imposed by district courts within legal limits should not be disturbed.... [The Sentencing Reform Act is] intended to afford enough guidance and control of the exercise of [trial courts’] discretion to promote fairness and rationality, and to reduce unwarranted disparity, in sentencing. Sec tion 3742 accommodates all of these considerations by making appellate review of sentences available equally to the defendant and the government, and by confining it to cases in which the sentences are illegal, are imposed as the result of an incorrect application of the sentencing guidelines, or are outside the range specified in the guidelines and unreasonable.”
    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.