United States v. Locklear’s Empirical Analysis
24 F.3d 641 · 1994
Citation profile
17 federal appellate · 1 state decisions
How this case has been cited
Cited by 39 later decisions — most recently April 2020 · most notably United States v. Allen (2007), United States v. Sherlin (1995)
17 federal appellate · 1 state decisions
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. § 2 · 18 U.S.C. § 924 · 21 U.S.C. § 801 (§ 101 of the Controlled Substances Act) · 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 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. § 859 (§ 418 of the Controlled Substances Act) · 21 U.S.C. § 860 (§ 419 of the Controlled Substances Act)
Relies on Bruton v. United States · Doyle v. Ohio · Carnegie v. United States · Richardson v. Marsh · American Manufacturers Mutual Insurance 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Statutory Index lists both S 2D1.2 and S 2D1.1, among several others, as applicable to convictions under 21 U.S.C. S 846. This does not support the contention of the United States that Saavedra can be sentenced under S 2D1.2 for a S 846 conspiracy to violate 21 U.S.C. S 841(a)(1). The captions to S 2D1.1 and S 2D1.2 indicate that they are intended to apply to both substantive violations of the statutory provisions on which they are based as well as to conspiracies to violate those provisions. Thus, the Statutory Index intends S 2D1.2 to apply only to S 846 conspiracies to violate 21 U.S.C. SS 859, 860, or 861.”
1 later decision quote this exact passage · from the majority“We note that Appendix A lists section 2D1.2 as applicable to convictions under 21 U.S.C. S 846. We believe, however, that this is intended to refer only to convictions for conspiring to violate 21 U.S.C. S[S ] 859, 860 or 861. Indeed, as noted in the text, the captions to section 2D1.1 and 2D1.2 clearly indicate that they are intended to apply both to substantive violations of the statutory provisions upon which they are premised and to conspiratorial and attempted violations thereof.”
1 later decision quote this exact passage · from the majority“[t]o hold that the various guidelines of Chapter Two may .apply regardless of whether the defendant has been convicted of. the statutory provisions underlying those guidelines would effectively turn the Chapter Two guidelines into a series of specific offense characteristics, a result we do not believe the Sentencing Commission to have contemplated.”
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.