United States v. Brewer’s Empirical Analysis
899 F.2d 503 · 1990
Citation profile
124 federal appellate ·
Relationships
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3742 · 18 U.S.C. § 652 · 28 U.S.C. § 994
Relies on Nicholas v. United States · Alexander v. United States · McKesson Corp. v. Division of Alcoholic Beverages & Tobacco · United Transportation Union v. Southeastern Pennsylvania Transportation Authority · United States v. S.A. Empresa de Viacao Aerea Rio Grandense
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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into account by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.”
13 later decisions quote this exact passage · from the majority“case is sufficiently 'unusual' to warrant departure.”
7 later decisions quote this exact passage · from the majority“a sentencing court should not treat as unique or unusual factors, those circumstances that the guidelines have already taken into account or expressly deemed irrelevant”
6 later decisions quote this exact passage · from the concurrence
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.