United States v. Harris’s Empirical Analysis
243 F.3d 806 · 2001
Citation profile
27 federal appellate · 1 district · 3 state decisions
Relationships
Relies on Jackson v. Virginia · Apprendi v. New Jersey · Bailey v. United States · Williams v. People of State of New York · McMillan v. Pennsylvania
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence ... uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence ... — (i) be sentenced to a term of imprisonment of not less than 5 years; (ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and (iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years. (B) If the firearm possessed by a person convicted of a violation of this subsection— (i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or (ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years. (C) In the case of a second or subsequent conviction under this subsection, the person shall— (i) be sentenced to a term of imprisonment of not less than 25 years; and (ii) if the firearm involved is a machine-gun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment of life. (D)Notwithstanding any other provision of law— (i) a court shall n”
2 later decisions quote this exact passage · from the majority“based on certain circumstances, exposing a defendant to that higher degree of punishment requires that those circumstances be charged in the indictment and proved beyond a reasonable doubt. Id., at 480 (quoting J. Archbold, Pleading and Evidence in Criminal Cases 51 (15th ed. 1862)). 71 This constitutional limitation neither interferes with the legislature's ability to define statutory ranges of punishment nor calls into question judicial discretion to impose”
2 later decisions quote this exact passage · from the majority“clause of 924(c)(1)(A)(ii) sets forth a sentencing factor that need not be charged in the indictment); Carlson, 217 F.3d at 989 (same); cf. United States v. Sandoval, 241 F.3d 549 , 550 (7th Cir. 2001) (holding that the classification of a firearm as a”
2 later decisions quote this exact passage · from the concurrence
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.