Case Citator › Kimbrough v. United States

Kimbrough v. United States

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
552 U.S. 85
Decided
Confirmed treatments
1
Flagged citations read
419 of 419
Citing cases (total)
3,379
Treatment dates
2008
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Kimbrough v. United States remains controlling for sentencing under the advisory Guidelines, but a district court expressly declined to extend it to crack sentence reductions under 18 U.S.C. § 3582(c)(2). That confirmed limited treatment is listed below.
More on how this was screened

All 419 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,379 later cases cite Kimbrough v. United States; 419 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Kimbrough v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The district court declined to extend Kimbrough to crack sentence reductions under § 3582(c)(2) without appellate or Supreme Court authority.

    United States v. Valentine · District of Nebraska · filed

    Still further, nothing in Kimbrough even hints that the Supreme Court intended to authorize judges to disregard the plain words of section 3582(c)(2). I am unwilling to extend Kimbrough and the other recent sentencing decisions of the Supreme Court to “crack” reduction cases without precedent from the Court of Appeals or the Supreme Court.
    Read the full opinion on CourtListener →

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