United States v. Phan’s Empirical Analysis
121 F.3d 149 · 1997
Citation profile
17 federal appellate · 2 district ·
How this case has been cited
Cited by 32 later decisions — most recently October 2018 · most notably United States v. Garnett (2001), United States v. Hackley (2011)
17 federal appellate · 2 district ·
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. § 1951 (Hobbs Act) · 18 U.S.C. § 924
Relies on Jackson v. Virginia · Pinkerton v. United States · Bailey v. United States · United States v. Feola · Jacobson v. United States
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Bailey deals with the application of § 924(c)(1) when the predicate offense is a substantive crime. Conspiracy, however, is an inchoate crime. As stated by the Supreme Court, our legal system “identifies the agreement to- engage in a criminal venture as an event of sufficient threat to social order to permit the imposition of criminal sanctions for the agreement alone, plus an overt act in pursuit of it, regardless of whether the crime agreed upon actually is committed.” The post.Bailey [sic] application of § 924(c)(1)'in cases where conspiracy to commit a violent crime is the predicate offense, and the underlying crime has been committed, is straightforward.... When the agreed-upon crime is never committed, however, Bailey can only he applied in a more general sense.”
1 later decision quote this exact passage · from the majority“[A] conspiracy to commit a robbery that violates the Hobbs Act is necessarily a conspiracy that, by its nature, involves a substantial risk that physical force may be used against the person or property of another, and therefore is a crime of violence within the meaning of section 924(c).”
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.