United States v. Prestemon’s Empirical Analysis
929 F.2d 1275 · 1991
Citation profile
24 federal appellate ·
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 3553 · 18 U.S.C. § 3742 · 28 U.S.C. § 994
Relies on Nicholas v. United States · United States v. Diaz-Villafane · Cordeiro v. United States · United States v. Lara · United States v. Big Crow
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n establishing the Sentencing Guidelines, Congress expressly directed the Sentencing Commission to “assure that the guidelines and policy statements are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of offenders.” 28 U.S.C. § 994 (d). This Congressional directive is clearly set forth in Guidelines § 5H1.10. For this reason, appellee’s race or racial background cannot be a basis for departure. See United States v. Diaz-Villafane, 874 F.2d at 49 n. 5 (guidelines bar departures based on enumerated factors such as race, sex and national origin); cf. United States v. Natal-Rivera, 879 F.2d 391 , 393 (8th Cir.1989) (guidelines do not violate due process because they do not allow consideration of cultural background when imposing 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.