United States v. Patrick’s Empirical Analysis
988 F.2d 641 · 1993
Citation profile
22 federal appellate · 1 state decisions
How this case has been cited
Cited by 39 later decisions (1 by the Supreme Court) — most recently August 2017 · most notably United States v. Vowell (2008), United States v. Nappi (2001)
22 federal appellate · 1 state decisions
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. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Burns v. United States · Rauer v. United States · United States v. Brady · United States v. Williams · United States v. Thompson
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the evidence upon which the sentencing court relies without previously notifying the defendant is of the same character, allows the same inferences, and, most importantly, is subject to the same arguments in rebuttal as evidence in the record of which the defendant is already aware, it seems logical to conclude that advance notice would not give the defendant any additional incentive or ability to challenge the evidence.”
5 later decisions quote this exact passage“In Berzon, the defendant learned as the sentencing court announced its ruling that the court was possibly relying on evidence that was neither contained in the record nor even similar to any that was. The First Circuit ruled that, under such circumstances, the case had to be remanded to the sentencing court for a determination of whether the court had relied on extraneous information. Here, although Patrick was not notified in advance of the sentencing hearing of the potential for reliance upon extraneous information, he was at least so informed at the hearing, and he was given an opportunity to address the evidence prior to the ruling on the issue. Furthermore, there is no indication that the extraneous evidence relied upon in Ber-zon was of the same character as other evidence already contained in the record, an important consideration in this case. Accordingly, we decline to follow Berzon, and we affirm the sentencing court’s decision to overrule Patrick’s objection to the presentence report’s recommendation that two points be added to the offense level to reflect Patrick’s role in the offense.”
1 later decision quote this exact passage“The trial court’s denial of the two-level reduction in offense level, without notice to [the defendant] of its intent to deny the reduction, deprived [the defendant] of an adequate opportunity to present information to the court on his acceptance of responsibility”
1 later decision quote this exact passage
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.