Case Citator › United States v. Rodriguez

United States v. Rodriguez

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

Declined by some courts
Court
First Circuit
Citation
527 F.3d 221
Decided
Confirmed treatments
2
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
2008–2011
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. United States v. Rodríguez remains in use in the First Circuit, but two other federal appeals courts declined to follow its fast-track sentencing approach. All 30 flagged citations have been read; the two confirmed treatments are listed below.
More on how this was screened

Those courts followed their own contrary circuit precedents on whether a sentencing judge may consider disparities caused by the availability of fast-track programs.

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.

30 later cases cite United States v. Rodriguez; 30 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 United States v. Rodriguez?

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

Declined to follow

  • The Eleventh Circuit followed its contrary fast-track sentencing precedent after distinguishing Rodríguez's approach to intervening Supreme Court authority.

    United States v. Vega-Castillo · Eleventh Circuit · filed

    The dissent relies on the First Circuit’s opinion in United States v. Rodriguez, 527 F.3d 221 (1st Cir. 2008), in which the court declined to follow its prior precedent prohibiting the consideration of fast-track disparities in light of the Supreme Court’s decision in Kimbrough. ... Thus, unlike the First Circuit, even if the reasoning of Kimbrough is at odds with the reasoning of our prior holdings, we must follow our prior precedents unless Kimbrough overruled them.
    Read the full opinion on CourtListener →

  • The Fourth Circuit declined to apply Rodríguez's fast-track disparity rule because its own contrary precedent remained controlling.

    United States v. Paulino · Fourth Circuit · filed

    The decision in Rodriguez notwithstanding, Perez-Pena remains the controlling law in this circuit, and in this circuit a panel may not overrule the decision of a prior panel.
    Read the full opinion on CourtListener →

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