United States v. Corbin’s Empirical Analysis
998 F.2d 1377 · 1993
Citation profile
71 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 94 later decisions (1 by the Supreme Court) — most recently July 2015 · most notably United States v. Beler (1994), United States v. Cedano-Rojas (1993)
71 federal appellate · 2 district · 2 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. § 3553 · 18 U.S.C. § 3661 (Drug and Alcohol Dependent Offenders Treatment Act of 1986) · 18 U.S.C. § 3742 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Williams v. People of State of New York · American Manufacturers Mutual Insurance v. United States · McMillan v. Pennsylvania · Garrity v. State of New Jersey · Chapman 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that the sentencing hearing can fairly be characterized as `a tail which wags the dog of the substantive offense.'”
6 later decisions quote this exact passage · from the majority“the 'self-evident' unfairness of sentencing a defendant based on uncharged criminal acts.”
2 later decisions quote this exact passage · from the majority“assuming that Corbin was forced to exercise his privilege against self-incrimination at the expense of a two-level reduction for acceptance of responsibility, [United States v. Cojab, 978 F.2d 341 , 343 (7th Cir.1992) ] suggests that this is not a constitutionally unacceptable cost for him to bear. We need not resolve the question here, however, for even if we were to agree as a constitutional matter that a section 3E1.1 reduction may not be conditional upon a defendant’s willingness to acknowledge criminal conduct beyond the offense to which he has pled guilty, Corbin would not be entitled to relief. As the Third Circuit recognized in [United States v. Frierson, 945 F.2d 650 , 660 (3d Cir.1991) ], the privilege against self-incrimination is not self-executing, but must be affirmatively invoked. Corbin never did so.”
1 later decision 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.