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← 116 F.3d 1498 - United States v. Gaviria

United States v. Gaviria’s Empirical Analysis

116 F.3d 1498 · 1997

Citation profile

164
cited by 164 later decisions
2
cited 2 times by the Supreme Court
2
states following
May 2025
most recently cited

94 federal appellate · 25 district · 8 state decisions

How this case has been cited

Cited by 164 later decisions (2 by the Supreme Court) — most recently May 2025 · most notably Lafler v. Cooper (2012), Chandler v. United States (2000)

94 federal appellate · 25 district · 8 state decisions

7501997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 18 U.S.C. § 3231 · 18 U.S.C. § 3553 · 18 U.S.C. § 371 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 851 (§ 411 of the Controlled Substances Act) · 21 U.S.C. § 853 (§ 413 of the Controlled Substances Act) · 28 U.S.C. § 994

Relies on Strickland v. Washington · United States v. Olano · Joshua Deshaney, a Minor, by His Guardian Ad Litem, and Melody Deshaney,s v. Winnebago County Department of Social Services, et al. · Lockhart v. Fretwell · United States v. Russell

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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “must show two things: that his lawyer made errors “so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment,” and that counsel’s deficient performance was prejudicial, ie., that there is a “reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.””
    3 later decisions quote this exact passage · from the majority
  2. “[T]he specific amount of any controlled substance involved is not an element of the offense of conspiracy. So first you have to determine the conspiracy. However, if you find the defendant guilty of the offense of conspiracy to distribute or possess with intent to distribute a controlled substance as charged in the indictment, you must then determine whether the government has proved the quantity of the controlled substance was[:] ... a detectable amount of cocaine; or 50 grams or more of ... cocaine base, that is crack; or 100 grams or more of ... heroin.”
    2 later decisions quote this exact passage · from the majority
  3. “when the trial record alone conclusively shows that the defendant is entitled to no relief ... [or] when the trial record conclusively shows the contrary”
    2 later decisions 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.