United States v. Emery’s Empirical Analysis
991 F.2d 907 · 1993
Citation profile
58 federal appellate · 1 district ·
How this case has been cited
Cited by 67 later decisions — most recently August 2024 · most notably United States v. O'Neil (1993), United States v. Rostoff (1995)
58 federal appellate · 1 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 United States v. Dunnigan · Needler v. Valley National Bank of Arizona · Williams v. United States · Brewster v. Derwinski · Nicholas 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he provision may be triggered if, notwithstanding the lack of an ongoing federal investigation, there is a close connection between the obstructive conduct and the offense of conviction. In this case, the connection is skin tight: the behavior underlying appellant’s arrest by local gendarmes ... is the very essence of the offense for which the district court sentenced him. .Since appellant willfully sought to avoid the consequences of his felonious conduct, it would be passing strange to reward him merely because he managed to engineer his attempted escape just before the federal investigation formally began.”
3 later decisions quote this exact passage · from the majority“[W]hen the court has provided a reasoned justification for its decision to depart, and that statement constitutes an adequate summary from which an appellate tribunal can gauge the reasonableness of the departure's extent, it has no obligation to go further and attempt to quantify the impact of each incremental factor on the departure sentence.”
3 later decisions quote this exact passage · from the majority“[T]he obstruction-of-justice enhancement rests on the rationale that `a defendant who commits a crime and then ... [makes] an unlawful attempt to avoid responsibility is more threatening to society and less deserving of leniency than a defendant who does not so defy' the criminal justice process.”
3 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.