United States v. Fairless’s Empirical Analysis
975 F.2d 664 · 1992
Citation profile
46 federal appellate · 3 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 471 (Counterfeit Deterrence Act of 1992) · 28 U.S.C. § 1291
Relies on Fields v. Hartford Casualty Insurance Co. · United States v. Lira-Barraza · United States v. Carey · United States v. Dickey · United States v. Takai
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that there exists a[ ] ... mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.”
4 later decisions quote this exact passage · from the majority“intend to limit the kinds of factors, whether or not mentioned anywhere else in the guidelines, that could constitute grounds for departure in an unusual case.”
3 later decisions quote this exact passage · from the majority“: 72 (1) the robbery was Fairless's first criminal offense, (2) Fairless suffered from manic depression, (3) the fact that he committed the robbery with an unloaded gun indicated that Fairless was suicidal, (4) Fairless was under extreme pressure from a combination of circumstances, including the fact that he had recently lost his job, and (5) the court had received numerous letters from Fairless's family and friends stating that the robbery was a”
2 later decisions quote this exact passage · from the majoritye.g. United States v. Garcia · United States v. Jose Noel Garcia, United States of America v. Luis Alberto Garibaldi-Gomez, United States of America v. Geraldo Prieto-Martinez, United States of America v. Fernando Alcarez-Ochoa, United States of America v. Benito Rubio-Garcia, United States of America v. Israel Aguilar-Pacheco
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.