Martin v. Gerlinski’s Empirical Analysis
133 F.3d 1076 · 1998
Citation profile
24 federal appellate · 12 district ·
How this case has been cited
Cited by 63 later decisions (1 by the Supreme Court) — most recently August 2015 · most notably Lopez v. Davis (2001), Iowa League of Cities v. Environmental Protection Agency (2013)
24 federal appellate · 12 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
Relies on Taylor v. United States · Public Employees Retirement System of Ohio v. Betts · Fazon v. Brown · Bruce Downey v. Joseph Crabtree, Warden, Federal Correctional Institution · Venegas v. Henman
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The operative word in § 3621(e)(2)(B) is “convicted,” thus requiring the BOP to look to the offense of conviction itself to determine whether it meets the definition of a “nonviolent offense”; § 3621 does not address sentencing or sentencing-enhancement factors. Here, appellants’ convictions were for drug trafficking offenses, which are not crimes of violence.”
3 later decisions quote this exact passage · from the majority“an inmate who completes a residential drug abuse treatment program ... during his or her current commitment may be eligible ... for early release by a period not to exceed 12 months. The following categories of inmates are not eligible: ... inmates whose current offense is determined to be a crime of violence as defined in 18 U.S.C. § 924 (c)(3) ....”
3 later decisions quote this exact passage · from the majoritye.g. McPeek v. Henry · Royal v. Scibana“(A) That has as an element, the actual, attempted, or threatened use of physical force against the person or property of another, or (B) That involved the carrying, possession, or use of a firearm or other dangerous weapon ... or (C) That by its nature or conduct, presents a serious potential risk of physical force against the person or property of another, or (D) That by its nature or conduct involves sexual abuse offenses committed upon children.””
2 later decisions quote this exact passage · from the majoritye.g. Gatewood v. Outlaw · Royce v. Hahn
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.