United States v. Walker’s Empirical Analysis

Citation profile

41 federal appellate · 9 district · 5 state decisions

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

1. “[w]hen defendants are properly joined under Rule 8, a severance, pursuant to Fed R.Crim. P. 14, should only be granted if there is a serious risk that a joint trial would either compromise a specific trial right of one of the defendants or prevent the jury from making a reliable judgment about guilt or innocence. A defendant seeking severance must show that the prejudice to him from joinder is sufficiently severe to outweigh the judicial economy that would be realized by avoiding multiple lengthy trials.... Rule 14 does not require severance, even if prejudice is shown. The rale leaves the type of relief granted to the sound discretion of the trial court.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Kiltinivichious · 523 F. Supp. 2d 303 - United States v. Nicolo

2. “Section 848(e)(1)(A) provides enhanced sentencing for: (A) any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) ... who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results,.... 21 U.S.C. § 848 (e)(1)(A). Walter Diaz was convicted for murder on Count 3 under the second prong of § 848(e)(1)(A) as a “person engaging in an offense punishable under section 841(b)(1)(A).” This prong mirrors the other sections of § 848 in requiring that the defendant be “engaging in” a large narcotics conspiracy at the time of the murder. However, unlike the other sections of § 848, § 848(e)(1)(A) expressly includes language of aiding and abetting liability which applies to all prongs under the section. See 21 U.S.C. § 848 (e)(1)(A) (“any person ... who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual”); see also 18 U.S.C. § 2 . Additionally, § 848(m) provides mitigating factors applicable only to § 848(e). One of the factors to be considered is the fact that “the defendant is punishable as a principal in the offense which was committed by another, but the defendant’s participation was relatively minor.” Therefore, by the plain language of the statute, § 848(e)(1)(A) demonstrates clear intent to include liability for aiding and abetting. The dist”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Johnson

3. “§ 924(c)(1) regulates an economic activity that substantially affects interstate commerce and, as such, is a valid exercise of Congressional power under the Commerce Clause.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Mills