United States v. Breitweiser’s Empirical Analysis
2002
Citation profile
2 federal appellate · 2 state decisions
Relationships
Applies 18 U.S.C. § 2244 · 18 U.S.C. § 2247 (§ 40111 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 3559 · 18 U.S.C. § 924
Relies on Apprendi v. New Jersey · Almendarez-Torres v. United States · Taylor v. United States · United States v. Spell · United States v. Gonzalez-Lopez
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a recidivist statute permitted enhancement based on proof of underlying conduct, however, factual questions could arise as to exactly what conduct the defendant engaged in. Typically, such factual questions are within the province of a jury and this Court doubts that the Supreme Court would construe Almendarez-Torres as applying to such situations.”
1 later decision quote this exact passage · from the majoritye.g. State v. Ring“offense consisting of conduct that would have been an offense”
1 later decision quote this exact passage · from the majority
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.