United States v. Armstrong’s Empirical Analysis
21 F.3d 1431 · 1994
Citation profile
4 federal appellate · 1 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 3731 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Brown et al. v. Board of Education of Topeka et al. · Costello v. United States · United States v. One 56-Foot Motor Yacht Named the Tahuna · United States v. Balough · United States v. Redondo-Lemos
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Requiring defendants to provide a color-able basis for believing that others similarly situated have not been prosecuted is a reasonable requirement. “Selective prosecution” implies that a selection has taken place. If a defendant is part of a protected class, that alone does not provide a colorable basis for believing that a selection has taken place; nor does evidence demonstrating that other members of the protected class were prosecuted provide a colorable basis for so believing. Rather, a defendant must supply a colorable basis for believing that others similar to him except that they are not in his protected class were not prosecuted. Without a col-orable basis to believe that others similarly situated were not prosecuted, the most reasonable conclusion is that the defendant was selected for prosecution because the government believed the defendant committed the offense; the fact that the defendant is a member of a protected class is coincidental.”
1 later decision quote this exact passage“a defendant is not required to demonstrate that the government has failed to prosecute others who are similarly situated.”
1 later decision quote this exact passage · from the dissent“`provide a colorable basis for believing that `others similarly situated have not been prosecuted'”
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.