United States v. Jacobo’s Empirical Analysis

Citation profile

79 federal appellate · 2 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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, where the court finds that the defendant did not intend to produce and was not reasonably capable of producing the negotiated amount, the court shall exclude from the guideline calculation the amount that it finds the defendant did not intend to produce and was not reasonably capable of producing.”

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Caba · United States v. Brooks

2. “[T]he court could also logically make findings that are more favorable to the defendant. Questions of inference and credibility are within the province of the finder of fact. As to any sentencing matter on which the court must make its own findings, the court is entitled to draw the inferences it believes appropriate and to make its own assessments as to the weight of the evidence and the credibility of the witnesses. Its inferences and evaluations may differ from those of the jury.”

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

3. “It is clear ... that § 2D1.4 contemplates that the court itself is to make findings as to whether the defendant intended to produce the negotiated amount and was reasonably capable of prodúcing that amount.”

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