United States of America, v. Charles M. Hernandez’s Empirical Analysis

Citation profile

9 federal appellate ·

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

1. “is defined by the Guidelines as: 6 an offense under federal or state law, punishable by imprisonment for a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense. 7 U.S.S.G. § 4B1.2(b). Thus, under the Guidelines, simple possession—that is, possession without the proof beyond a reasonable doubt of the requisite intent to”

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

2. “[W]hen deciding whether a prior conviction based on a guilty plea in the state court qualifies as a predicate offense for a sentence enhancement under the federal sentencing guidelines, and the accuracy of a Certificate of Disposition for that conviction is seriously called into question, the federal sentencing judge may, and under the circumstances here must, look to the plea colloquy in the state court to resolve the accuracy of the Certificate of Disposition.”

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

3. “manufacture, import, export, distribute, or dispense”

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