United States v. Ramirez’s Empirical Analysis
932 F.2d 374 · 1991
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently January 2010
9 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Torres v. Oakland Scavenger Co. · Turnbull v. United States · Osterberger v. Relocation Realty Service Corp.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The first clause of FRAP 3(c), stipulating that the notice of appeal must specify the parties taking the appeal, is jurisdictional.... On the other hand, we broadly construe the second clause of FRAP 3(c), which requires that the notice of appeal designate the judgment or order from whiVh rtiA anneal is faken ... Several of our cases have dealt with notices of appeal on which the appellant failed to designate or “misdesig-nated” the ruling being appealed. Our most recent decision on such failures or errors notes that we liberally construe the order designation portion of Rule 3(c) and, when the intent to appeal an unnamed or mislabeled ruling is apparent (from the briefs or otherwise) and no prejudice results to the adverse party, the appeal is not jurisdictionally defective. Turnbull v. United States, 929 F.2d 173 (5th Cir.1991) (citations omitted).”
1 later decision quote this exact passage“Sanchez has properly and timely appealed the judgment, and it is entitled “Judgment Including Sentence Under the Sentencing Reform Act.” His trial attorney might well have considered the stricken language on the notice of appeal to be redundant or surplusage. In fact, had Sanchez filed a notice of appeal which merely stated that he was appealing the judgment, his notice may well have been sufficient because the title of the judgment appealed from expressly reflects that his sentence under the Sentencing Reform Act is included.”
1 later decision quote this exact passage“[T]he cancellation of the sentence portion of the notice of appeal does not appear to have prejudiced the government, which did not oppose Sanchez’s motion to amend his notice of appeal [to include his sentence]. The government is aware that Sanchez is appealing his sentence because he addressed that matter in his brief on the merits, which is in the possession of the government. Furthermore, the record reflects that trial counsel sought a full transcript of all proceedings, including the sentencing proceeding.”
1 later decision quote this exact passage
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.