United States v. Isom’s Empirical Analysis
992 F.2d 91 · 1993
Citation profile
30
cited by 30 later decisions
April 2009
most recently cited
20 federal appellate ·
Relationships
Relies on Glasser v. United States · Needler v. Valley National Bank of Arizona · Brewster v. Derwinski · Kolender v. Lawson · United States v. Pickett
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen the sentencing range is properly computed, the district court is aware of its discretion to depart, and the sentence is not imposed in violation of law or as the result of an incorrect application of the Sentencing Guidelines, a failure to depart is not a cognizable basis for appeal.”
4 later decisions quote this exact passage · from the majority“We do not ... believe that the district court manifested its misunderstanding by using the [phrases 'There is nothing we can do about it' and 'I can't do that no matter what your situation is']. From the record of the sentencing hearing, we conclude that the district court merely meant that the facts of the case precluded the departure. The district court stated that a departure was not merited in [Metler's] case after the government [and Metler] had reminded the court of its discretion relevant to the departure. The court clearly was aware of the legal authority for a departure; nevertheless, it found that logic precluded a departure. The record amply supports that conclusion.”
2 later decisions quote this exact passage · from the majority“in the event that the district court had misunderstood its authority, we would be required to remand....”
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.