United States v. Rutherford’s Empirical Analysis
175 F.3d 899 · 1999
Citation profile
30 federal appellate ·
How this case has been cited
Cited by 60 later decisions — most recently December 2024 · most notably United States v. Baker (2005), United States of America v. Ignasio Maldenaldo Sanchez (2001)
30 federal appellate ·
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. § 16 · 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) · 8 U.S.C. § 1251 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Roviaro v. United States · Soberon v. United States · Needler v. Valley National Bank of Arizona · Tristani v. Eastern Air Lines, Inc. · Watson 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Nothing] requires a different decision between the definition of a crime of violence under 18 U.S.C. § 16 (“crime of violence” is a felony that, by its nature, involves a “substantial risk of physical force against” the victim) and the definition of a crime of violence for career offender purposes under the sentencing guidelines: an offense punishable by a year or more in prison that “involves conduct that presents a serious potential risk of physical injury to another.””
2 later decisions quote this exact passage“(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real pz'operty that comprises a public or private elementary school, middle school, or secondary school, duz-ing school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon or private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.”
1 later decision quote this exact passage“(1) Handles, fondles, or assaults any child under the age of 16 years in a lewd, lascivious, or indecent manner; (2) Commits actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals, or any act or conduct which simulate[s] that sexual battery is being or will be committed upon any child under the age of 16 years or forces or entices the child to commit any such act; (3) Commits an act define[d] as sexual battery under s. 794.011(1)( [h]) upon any child under the age of 16 years; or (4) Knowingly commits any lewd or lascivious act in the presence of any child under the age of 16 years, without committing the crime of sexual battery....”
1 later decision quote this exact passage
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.