Lee v. United States’s Empirical Analysis
113 F.3d 73 · 1997
Citation profile
40 federal appellate ·
Relationships
Applies 18 U.S.C. § 924 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Ornelas v. United States · Pinkerton v. United States · Bailey v. United States · United States v. Willis · United States v. Fountain
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“we look not only at [defendant's] own conduct but also at that of his coconspirators”
4 later decisions quote this exact passage · from the majority“[Y]es, [petitioner] admitted certain facts, and those facts at that time were thought to constitute a crime under § 924(c). But the Supreme Court has since said that simple possession of a gun does not a § 924(c) crime make. By his plea, [petitioner] waived a challenge to the facts themselves, and those - facts have not changed. But how can [petitioner] be held to have waived his right to challenge whether those facts constituted a crime when at the time they did, and after Bailey they may not? He could not possibly be •viewed as having voluntarily waived what turns out to be a Bailey challenge when Bailey did not exist at the time he pled guilty.”
2 later decisions quote this exact passage · from the majority“Bailey altered what facts are sufficient to prove ‘use’ under § 924(c). Whether the underlying facts are found by a jury or admitted by a defendant should have no bearing on whether those facts add up to what is now required to show ‘use’ of a firearm.”
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.