United States v. Durham’s Empirical Analysis
941 F.2d 858 · 1991
Citation profile
26 federal appellate · 1 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 3500 · 18 U.S.C. § 3553 · 21 U.S.C. § 851 (§ 411 of the Controlled Substances Act)
Relies on United States v. Lira-Barraza · United States v. Michael S. Polizzi, United States of America v. Joseph E. Matranga · United States v. Harris · United States v. Wells · United States v. Notrangelo
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a reasoned explanation of the extent of the departure founded on the structure, standards and policies of the Act and Guidelines.”
8 later decisions quote this exact passage · from the majority“[c]onvictions which could not be used in calculating the criminal history category may be considered independently by the trial court as a basis for upward departure precisely because the calculation under the Guidelines does not adequately take into account the prior criminal record.”
2 later decisions quote this exact passage · from the majority“departure ... is warranted when the criminal history category significantly under-represents ... the likelihood that the defendant will commit further crimes”
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.