United States v. Walker’s Empirical Analysis

Citation profile

15 federal appellate · 1 district ·

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

1. “notify the parties of its tentative findings and provide a reasonable opportunity for the submission of oral or written objections before imposition of sentence.”

   4 later decisions quote this exact passage · from the majority
   e.g. United States v. Worrell · United States v. Arundel Deverre Worrell

2. “[W]e hold that the district judge's failure to notify the parties of his tentative findings prior to the sentencing hearing does not constitute reversible error. The Guidelines do not require tentative findings in all cases. In appropriate cases, tentative findings are intended to help facilitate resolution of factual objections before the sentencing hearing, if possible. See Guidelines Sec. 6A1.2 and Commentary. Although the better practice is to make tentative findings and notify the parties of those findings before the sentencing hearing, in the instant case the district judge's failure to make tentative findings did not prevent substantial compliance with Guideline Sec. 6A1.3(b). The district judge received defendants' objections in advance of the hearing, provided the parties an adequate opportunity to address those objections at the hearing and resolve the disputed factors in accordance with Rule 32(a)(1), Fed.R.Crim.P., before imposition of sentence. In fact, no defendant offered any evidence in support of the objections. Each relied on his own statements and arguments of counsel addressed to the court at the sentencing hearing. The district judge provided the parties an adequate opportunity to present information on the record regarding the disputed factors. Under the facts of this case, we conclude that the district judge's adoption of the presentence report's findings was not improper.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Francisco · United States v. Osborne

3. “information has sufficient indicia of reliability to support its probable accuracy.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Worrell · United States v. Arundel Deverre Worrell