Case Citator › Ex Parte Lange

Ex Parte Lange

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
85 U.S. 163
Decided
Confirmed treatments
1
Flagged citations read
75 of 75
Treatment dates
1996
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. Ex Parte Lange has been limited. All 75 flagged citations have been read.
More on how this was screened

The Second Circuit held in United States v. Versaglio that Lange prevents a prison term after payment of an alternative fine, but does not prevent a court from increasing that fine when it vacates an unlawful prison term. The confirmed limitation is listed below. Lange's rule against imposing the alternative prison term after full payment of the fine remains in force.

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.

75 citations to Ex Parte Lange 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 Ex Parte Lange?

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 Second Circuit permitted an increase in a paid fine after vacating the alternative prison term, a question Lange had left open.

    United States v. Versaglio · Second Circuit · filed

    Jones and DiFrancesco have limited Lange and Bradley to their context, in which a sentencing court attempted to impose imprisonment upon a defendant who had satisfied the alternative punishment of a fine. No issue was raised in either Lange or Bradley as to a sentencing court’s power to revise the amount of a fine in fight of the unavailability of imprisonment.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Ex Parte Lange and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace