Opinions written by Judge Sonia Sotomayor from 2004 to 2006 were cited more often by other judges and by law reviews than those of other federal appeals court judges who were reported to be considered for the Supreme Court vacancy created by Justice David H. Souter’s retirement. The new data, compiled by law professors and students from three universities, also show that her influence has grown significantly from her first few years on the United States Court of Appeals for the Second Circuit, which she joined in 1998. Related article.
The Opinions Cited MostDescriptions of the two opinions written by Judge Sotomayor from 2004 to 2006 that were cited most often in other court decisions.
United States v. SagetJudge Sotomayor wrote the opinion, which unanimously affirmed a district court’s conviction of a man for firearms trafficking violations. The man appealed to the circuit court, arguing that the district court improperly admitted incriminating statements made by a separately indicted co-conspirator who was not available to testify. The opinion helped to define what kinds of statements are “testimonial” and would thus require that the defendant be allowed to confront his accuser. Judge Sotomayor concluded that the statements against James Saget were not testimonial and were reliable, so they could be admitted.
United States v. VaughnJudge Sotomayor wrote the opinion, which rejected the appeal of two defendants who were sentenced to more than eight years in prison for conspiring to distribute at least 100 pounds of marijuana. Among the key issues in the decision was whether district courts may use facts that are supported by a preponderance of the evidence in sentencing, even for conduct for which the defendant was acquitted. The opinion developed a test for determining when a district court may do so.
Sources: Eric Posner, University of Chicago; Mitu Gulati and Mirya Holman, Duke University; Stephen Choi, New York University
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