United States v. Lowe’s Empirical Analysis

Citation profile

32 federal appellate · 5 district · 2 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether the prosecutor's conduct was isolated and/or deliberate; (2) whether the trial court gave a strong and explicit cautionary instruction; and (3) whether it is likely that any prejudice surviving the judge's instruction could have affected the outcome of the case.”

   2 later decisions quote this exact passage · from the majority
   e.g. 677 F. Supp. 2d 424 - Morgan v. Dickhaut · United States v. Bey

2. “We begin by noting that there is no textual basis for asserting that the injury must be “necessary to” or “intended to effectuate” the taking of the vehicle itself. To the contrary, the choice of the word “results” in the statutory phrase “if serious bodily injury ... results” suggests that Congress intended to cover a fairly broad range of consequences flowing from a carjacking. Moreover, the legislative history characterized the provision as imposing the enhancement when the carjacking “involves bodily injury,” see Anti Car Theft Act, Pub.L. No. 102-519, reprinted in 1992 U.S.C.A.A.N. 2847, at 2865 (emphasis added), which supports the view that the injuries covered are not limited to those resulting from the “taking” of a vehicle, but also include those caused by the carjacker at any point during his or her retention of the vehicle.”

   1 later decision quote this exact passage · from the majority
   e.g. 239 F. Supp. 2d 148 - United States v. Gonzalez-Mercado

3. ““Whoever, with the intent to cause death or serious bodily harm[,] takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall- (2) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both...."”

   1 later decision quote this exact passage · from the majority
   e.g. 239 F. Supp. 2d 148 - United States v. Gonzalez-Mercado