United States v. Quintero’s Empirical Analysis
937 F.2d 95 · 1991
Citation profile
21 federal appellate ·
How this case has been cited
Cited by 29 later decisions — most recently March 2012 · most notably United States v. Fine (1992), United States v. Silkowski (1994)
21 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
Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Difronzo v. United States · Agency Holding Corp. v. Malley-Duff & Associates, Inc. · United States v. Doyle · United States v. Sweig · United States v. Guerrero
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The relevant conduct guideline and the plea bargaining policy statement are readily reconcilable, once it is realized that the sentencing judge’s assessment of the adequacy of the remaining counts is to be determined in light of the sentence authorized for those counts by all of the guidelines, including the relevant conduct guideline. Long prior to the sentencing guidelines it was settled that a sentence on a count of conviction could be based on conduct charged in dismissed counts_ Nothing in the Commission’s plea bargaining policy statement indicates that the Commission intended to alter that pre-guide-lines practice. It may well be that the precision introduced by the guideline system, calibrating the extent of punishment according to the extent of wrongdoing — in this instance the quantity of drugs distributed — has brought into sharp focus the significance of basing sentences on conduct charged in dismissed counts. If so, that simply illustrates that, for all the criticism the guidelines have attracted, one of their virtues is the illumination of practices and poli cies that were applicable in the pre-guide-lines era, but that received less attention when sentences were only a generalized aggregation of various factors, many of which were frequently unarticulated.”
2 later decisions quote this exact passage · from the majority“all acts and omissions ... that were part of the same course of conduct or common scheme or plan as the offense of conviction.”
2 later decisions quote this exact passage · from the majority“Since, with respect to drug offenses, “all such acts and omissions that were part of the same course of conduct or common scheme or plan as the offense of conviction” are relevant conduct, [USSG] § lB1.3(a)(2), the gun possessed on June 14[, 1989] may result in a weapons adjustment if the gun was possessed in connec tion with drug activity and if the drug activity on June 14 was part of the same course of conduct or common scheme as the May 16 sale. Plainly both conditions are met. The June 14 encounter was one of a series of meetings in which [the defendant] either arranged to sell or actually sold crack to undercover detectives following introductions by the same informant, and the weapon was possessed as a security measure.”
1 later decision 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.