United States v. Brown’s Empirical Analysis
98 F.3d 690 · 1996
Citation profile
65 federal appellate ·
How this case has been cited
Cited by 135 later decisions — most recently April 2016 · most notably United States v. Crosby (2005), Chen v. United States Department of Justice R (2006)
65 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 18 U.S.C. § 3553 · 18 U.S.C. § 371 · 26 U.S.C. § 7201
Relies on Koon v. United States · Administrators of the Tulane Educational Fund v. Presti · Lovett v. United States · United States v. Colon · United States v. Johnson
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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“clear evidence of a substantial risk that the judge misapprehended the scope of his departure authority,”
5 later decisions quote this exact passage · from the majority“[w]e apply a presumption that district judges understand the much-discussed processes by which they may, in circumstances permitted by law, exercise discretion to depart from the sentence range prescribed by the Guidelines calculus.”
3 later decisions quote this exact passage · from the majority“[W]e should not be surprised when, on occasion, a district judge refers in the course of a sentencing hearing to the fact that the prescribed sentence range requires him to impose a sentence different from one he would impose in the absence of the Guidelines. We will not find, on the basis of such comments — or on the basis of expressions of frustrations with a sentence range prescribed by the Guidelines, such as “my hands are tied by the Guidelines” or “if it were up to me ... ” — that a district judge is unaware of the scope of his authority under the regnant sentencing system.”
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.