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Quoted verbatim 283×
284.4 score
G Cite
cited 33× by 32 distinct cases, 2007–2018 · 9 courts ·
…the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decisionmaking authority.
at p. 2468
⚠ not in text
Topic ↗
cited 25× by 25 distinct cases, 2007–2015 · 9 courts ·
…hen a judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explanation.
at p. 2468
⚠ not in text
Topic ↗
cited 15× by 15 distinct cases, 2007–2016 · 6 courts ·
…the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decision-making authority.
at p. 2468
⚠ not in text
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007
2016
2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this
case.
This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence
Beckles v. United States
(2017)
“A district court that incorrectly calculates the Guidelines range commits reversible procedural error, see Gall, 552 U.S., at 51 , 128 S.Ct. 586 ; a district court that imposes a sentence within the correct Guidelines range, by contrast, may be afforded a presumption that the sentence it has imposed is reasonable, see Rita, 551 U.S., at 347 , 127 S.Ct. 2456 .”
Concurrence
Pepper v. United States
(2011)
“Ed. 2d 714 (1989) (Sentencing Commission constitutional); Rita v. United States, 551 U.S. 338, 348-349 , 127 S. Ct. 2456 , 168 L.”
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Rigoberto Gonzalez-Marcial
United States v. Hunt, 526 F.3d 739, 746 (11th Cir. 2008); but see Rita v. United States, 551 U.S. 338, 347 , 127 S. Ct. 2456, 2462 (2007) (concluding that “a court of appeals may apply a presumption of reasonableness to a district court sentence that reflects a proper application of the Sentencing Guidelines”).
discussed
Cited "but see"
United States v. Reyes-Hernandez
But see Rita v. United States, 551 U.S. 338 , 347 — 48, 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007) (listing the Sentencing Commission’s policy statements as one of the many non-binding factors to be taken into account by the district court when sentencing).
examined
Cited "but see"
United States v. Guillen
(2×)
also: Cited as authority (quoted)
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply
examined
Cited "but see"
United States v. Jackson
(3×)
also: Cited as authority (rule), Cited "see, e.g."
But see Rita, 127 S.Ct. at 2473 (Stevens, J., concurring) (“Matters such as age, education, mental or emotional condition, medical condition (including drug or alcohol addiction), employment history, lack of guidance as a youth, family ties, or military, civic, charitable, or public service are not ordinarily considered under the Guidelines.
examined
Cited "but see"
United States v. Ausburn
(10×)
also: Cited as authority (rule), Cited "see", Cited as authority (verbatim quote)
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
examined
Cited "but see"
United States v. Ausburn
(10×)
also: Cited as authority (rule), Cited "see", Cited as authority (verbatim quote)
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
discussed
Cited as authority (verbatim quote)
United States v. Devonte Jaishun Tucker
(2×)
also: Cited as authority (rule)
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments.
discussed
Cited as authority (verbatim quote)
United States v. Richard Thomas Magnotti
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising h own legal decisionmaking authority.
discussed
Cited as authority (verbatim quote)
Kevin Spencer v. United States
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
examined
Cited as authority (verbatim quote)
Kevin Spencer v. United States
(3×)
also: Cited as authority (quoted), Cited "see, e.g."
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
discussed
Cited as authority (verbatim quote)
United States v. Sergio Temprano
(2×)
also: Cited "see"
where the defendant or prosecutor presents nonfrivolous reasons for imposing a different sentence, ... the judge will normally go further and explain why he has rejected those arguments.
examined
Cited as authority (verbatim quote)
United States v. Isidro Ramirez-Martinez
(3×)
also: Cited "see"
where the defendant or prosecutor presents nonfrivo-lous reasons for imposing a different sentence, ... the judge will normally go further and explain why he has rejected those arguments.
discussed
Cited as authority (verbatim quote)
United States v. Juan Manuel Don-Silva
iven the straightforward, conceptually simple arguments before the judge, the judge's statement of reasons here, though brief, was legally sufficient.
examined
Cited as authority (verbatim quote)
United States v. Stephen Pritchard
(4×)
also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
ften at sentencing a judge will speak at length to a defendant, and this practice may indeed serve a salutary purpose.
examined
Cited as authority (verbatim quote)
United States v. Irey
(19×)
also: Cited as authority (quoted), Cited as authority (rule), Cited "see", Cited "see, e.g."
where a matter is as conceptually simple as in the case at hand and the record makes clear that the sentencing judge considered the evidence and arguments, we do not believe the law requires the judge to write more extensively.
examined
Cited as authority (verbatim quote)
United States v. William Irey
(12×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
where a matter is as conceptually simple as in the case at hand and the record makes clear that the sentencing judge considered the evidence and arguments, we do not believe the law requires the judge to write more extensively.
examined
Cited as authority (verbatim quote)
United States v. Young
(2×)
also: Cited "see"
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decisionmaking authority.
examined
Cited as authority (verbatim quote)
United States v. Bok Young
(2×)
also: Cited "see"
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decisionmaking authority.
examined
Cited as authority (verbatim quote)
United States v. Petrus
(2×)
also: Cited "see, e.g."
where the defendant... presents nonfrivolous reasons for imposing a different sentence ... the judge will normally go further and explain why he has rejected those arguments. sometimes the circumstances will call for a brief explanation; sometimes they will call for a lengthier e…
discussed
Cited as authority (verbatim quote)
United States v. Ford
(2×)
also: Cited as authority (rule)
the fact that we permit courts of appeals to adopt a presumption of reasonableness does not mean that courts may adopt a presumption of unreasonableness.
discussed
Cited as authority (verbatim quote)
United States v. Ford
(2×)
also: Cited as authority (rule)
the fact that we permit courts of appeals to adopt a presumption of reasonableness does not mean that courts may adopt a presumption of unreasonableness.
discussed
Cited as authority (verbatim quote)
United States v. Joseph Nurek
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should ap- ply.
discussed
Cited as authority (verbatim quote)
United States v. John Ford
(2×)
also: Cited as authority (rule)
the fact that we permit courts of appeals to adopt a presumption of reasonableness does not mean that courts may adopt a presumption of unreasonableness.
discussed
Cited as authority (verbatim quote)
United States v. Fetterhoff
that double determination significantly increases the likelihood that the sentence is a reasonable one.
discussed
Cited as authority (verbatim quote)
United States v. Fetterhoff
that double determination significantly increases the likelihood that the sentence is a reasonable one.
examined
Cited as authority (verbatim quote)
United States v. Tomko
(10×)
also: Cited as authority (rule), Cited "see, e.g."
in our view, given the straightforward, conceptually simple arguments before the judge, the judge's statement of reasons here, though brief, was legally sufficient.
examined
Cited as authority (verbatim quote)
United States v. Tomko
(12×)
also: Cited as authority (rule), Cited "see, e.g."
in our view, given the straightforward, conceptually simple arguments before the judge, the judge's statement of reasons here, though brief, was legally sufficient.
examined
Cited as authority (verbatim quote)
United States v. Rosado
(4×)
also: Cited "see, e.g."
iven the straightforward, conceptually simple arguments before the judge, the judge's statement of reasons here, though brief, was legally sufficient.... hen a judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explana…
examined
Cited as authority (verbatim quote)
United States v. Paul
(10×)
also: Cited "see"
reasonableness' review merely asks whether the trial court abused its discretion.
examined
Cited as authority (verbatim quote)
United States v. Patricia Paul
(6×)
also: Cited as authority (rule), Cited "see"
easonableness' review merely asks whether the trial court abused its discretion.
discussed
Cited as authority (verbatim quote)
United States v. Garcia-Cardenas
the record makes clear that the sentencing judge considered the evidence and arguments, we do not believe the law requires the judge to write more extensively.
discussed
Cited as authority (verbatim quote)
United States v. Hernandez-Valois
hen a judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explanation.
examined
Cited as authority (verbatim quote)
United States v. Hopkins
(2×)
also: Cited as authority (quoted)
he sentencing court subjects the defendant's sentence to the thorough adversarial testing contemplated by federal sentencing procedure.
examined
Cited as authority (verbatim quote)
United States v. Robertson
(4×)
also: Cited as authority (rule), Cited "see, e.g."
where a matter is ... conceptually simple ... and the record makes clear that the sentencing judge considered the evidence and arguments, we do not believe the law requires the judge to write more extensively.
examined
Cited as authority (verbatim quote)
United States v. Hawes
(3×)
also: Cited "see"
in determining the merits of these arguments, the sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
discussed
Cited as authority (verbatim quote)
United States v. Henderson
an individual judge who imposes a sentence within the range recommended by the guidelines thus makes a decision that is fully consistent with the commission's judgment in general.
examined
Cited as authority (verbatim quote)
United States v. Cavera
(12×)
also: Cited as authority (rule), Cited "see"
confidence in a judge's use of reason underlies the public's trust in the judicial institution. a public statement of those reasons helps provide the public with the assurance that creates that trust.
examined
Cited as authority (verbatim quote)
United States v. Haj-Hamed
(4×)
also: Cited "see", Cited "see, e.g."
wjhen a 1025 judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explanation.
examined
Cited as authority (verbatim quote)
United States v. Ghassan Haj-Hamed
(4×)
also: Cited "see", Cited "see, e.g."
hen a judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explanation.
examined
Cited as authority (verbatim quote)
United States v. Gardellini
(4×)
also: Cited "see"
the sentencing judge has access to, and greater familiarity with, the individual case and the individual defendant before him than the commission or the appeals court.
discussed
Cited as authority (verbatim quote)
United States v. Tommy McKinney
appellate courts may not presume that every variance from the advisory guidelines is unreasonable.
examined
Cited as authority (verbatim quote)
United States v. Levinson
(2×)
also: Cited "see"
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decisionmaking authority.
examined
Cited as authority (verbatim quote)
United States v. Donald Bain, Jr.
(4×)
also: Cited as authority (rule), Cited "see"
the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decisionmaking authority.
discussed
Cited as authority (verbatim quote)
United States v. Phelps
(2×)
also: Cited "see"
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
discussed
Cited as authority (verbatim quote)
United States v. Grebenschikov
hen a judge decides simply to apply the guidelines to a particular case, doing so will not necessarily require lengthy explanation.
discussed
Cited as authority (verbatim quote)
United States v. Kelly Phelps
(2×)
also: Cited "see"
he sentencing court does not enjoy the benefit of a legal presumption that the guidelines sentence should apply.
examined
Cited as authority (verbatim quote)
United States v. Russell Henson
(2×)
also: Cited as authority (quoted)
the sentencing judge should set forth enough to satisfy the appellate court that he has . . . a reasoned basis for exercising his own legal decisionmaking authority.
discussed
Cited as authority (verbatim quote)
United States v. Gray
(2×)
also: Cited "see, e.g."
the judge ... considered rita's lengthy military service, including over 25 years of service, both on active duty and in the reserve, and rita's receipt of 35 medals, awards, and nominations.
discussed
Cited as authority (verbatim quote)
United States v. Jason Gray
(2×)
also: Cited "see, e.g."
the judge . . . considered rita's lengthy military service, including over 25 years of service, both on active duty and in the reserve, and rita's receipt of 35 medals, awards, and nominations.
examined
Cited as authority (verbatim quote)
United States v. Chapman
sometimes a judicial opinion responds to every argument; sometimes it does not.... the sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decision-making autho…
Retrieving the full opinion text from the archive…
MARK E. SELLS
v.
UNITED STATES
v.
UNITED STATES
06-8487.
Supreme Court of the United States.
Feb 20, 2007.
The petition for a writ of certiorari is denied.