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← 113 F.3d 1020 - United States v. Morrison

United States v. Morrison’s Empirical Analysis

113 F.3d 1020 · 1997

Citation profile

13
cited by 13 later decisions
July 2016
most recently cited

10 federal appellate ·

Relationships

Applies 18 U.S.C. § 2113 · 18 U.S.C. § 3559 · 18 U.S.C. § 924

Relies on Bailey v. United States · United States v. Broce · United States v. Watts · Robinett v. United States · United States v. Restrepo

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “facts necessarily adjudicated by the earlier judgment”
    2 later decisions quote this exact passage · from the majority
  2. “nonqualifying felony” under § 3559(c)(3)(A). See id. at 1021. The prior conviction the defendant in Morrison sought to disqualify was a guilty plea that included a firearm use enhancement under the California Penal Code. See id. at 1022. The enhancement applies if a defendant “ 'personally uses a firearm in the commission or attempted commission of a felony.’ ” Id. at 1021 n. 3 (quoting Cal.Penal Code § 12022.5(a)(1)). The court concluded that because the defendant had previously”
    1 later decision quote this exact passage · from the majority
  3. “This is a misreading of section 3559. Its list of 'serious violent felonfies]’ includes, inter alia, 'firearms use' and ‘robbery.’ While the section pertaining to 'firearms use' makes explicit reference to section 924(c), see 18 U.S.C. § 3559 (c)(2)(D), the section pertaining to robbery does not. See 18 U.S.C. § 3559 (c)(3)(A).”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.