Fultz v. Stratman’s Empirical Analysis
1997
Citation profile
2 federal appellate · 3 district ·
Relationships
Applies 18 U.S.C. § 3583 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Staples v. United States · Henderson v. Brown · United States v. Behnezhad · United States v. Pirro
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A special parole term imposed under this section ... may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the new term of imprisonment.”
2 later decisions quote this exact passage · from the majority“Section 841(c) said that “the original term of imprisonment shall be increased by the period of the special pai’ole term.” An “original” term can be augmented only once; after that, it is not original. What is more, § 841(c) spoke of revoking a “special parole term imposed under this section”— that is, by a judge as part of the sentence — rather than revoking a special parole term created by operation of regulation after release from a prior revocation. The Parole Commission cannot “impose” a term of special parole any more than it can “sentence” a defendant to prison.”
1 later decision quote this exact passage · from the majority“[Fjirst, special parole follows the term of imprisonment, while regular parole entails release before the end of the term; second, special parole was imposed, and its length selected, by the district judge rather than by the Parole Commission; third, when special parole is revoked, its full length becomes a term of imprisonment. In other words, “street time” does not count toward completion of special parole....”
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.