United States v. Masters’s Empirical Analysis
978 F.3d 281 · 1992
Citation profile
96 federal appellate · 2 district ·
How this case has been cited
Cited by 120 later decisions — most recently January 2022 · most notably United States v. Mergerson (1993), United States v. Torres (1994)
96 federal appellate · 2 district ·
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
Relies on Blockburger v. United States · Grogan v. Garner · Williams v. People of State of New York · Green v. United States · Huddleston v. United States
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“all acts an omissions committed or aided and abetted by the defendant, or for which the defendant would be otherwise accountable, that occurred during the commission of the offense of conviction, in preparation for that offense ... or that otherwise were in furtherance of that offense.” The Seventh Circuit has established that a court may increase a defendant’s base offense level to account for”
6 later decisions quote this exact passage · from the majority“A sentence at the top of the statutory range does not punish Masters for a crime he didn’t commit; it uses all available information about his character and dangerousness in choosing the sentence for the crime of which he stands convicted. Judges have been considering defendants’ activities and character since long before there were guidelines, with consistent approval from the highest court. E.g., Roberts v. United States, 445 U.S. 552 , 100 S.Ct. 1358 , 63 L.Ed.2d 622 (1980); United States v. Grayson, 438 U.S. 41 , 98 S.Ct. 2610 , 57 L.Ed.2d 582 (1978); Williams v. Oklahoma, 358 U.S. 576 , 79 S.Ct. 421 , 3 L.Ed.2d 516 (1959); Williams v. New York, 337 U.S. 241 [, 69 S.Ct. 1079 , 93 L.Ed. 1337 ] (1949); see also Chapman v. United States, — U.S. -, 111 S.Ct. 1919 , 114 L.Ed.2d 524 (1991); United States v. Pinto, 875 F.2d 143 (7th Cir. 1989). This is one reason why we have held that judges may take other crimes into account when selecting a sentence under the guidelines, even if the defendant has been charged with and acquitted of those crimes. United States v. Fonner, 920 F.2d 1330 , 1332-34 (7th Cir.1990); see also, e.g., United States v. Morrison, 946 F.2d 484 , 501 (7th Cir.1991); United States v. Welch, 945 F.2d 1378 , 1385 (7th Cir. 1991); United States v. Lawrence, 934 F.2d 868 , 873-74 (7th Cir.1991), id. at 875 (concurring opinion). An acquittal means that the charge was not proven beyond a reasonable doubt; it does not mean that the defendant didn’t do it. Dowling v.”
2 later decisions quote this exact passage · from the majority“cumulative punishment is always consistent with the double jeopardy clause, provided there is but a single trial.”
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.