United States v. McClain’s Empirical Analysis
252 F.3d 1279 · 2001
Citation profile
39 federal appellate · 1 district ·
How this case has been cited
Cited by 67 later decisions — most recently April 2025 · most notably United States v. Rhind (2002), United States v. Root (2002)
39 federal appellate · 1 district ·
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. § 1344 · 18 U.S.C. § 371 · 18 U.S.C. § 3742 · 21 U.S.C. § 845 · 21 U.S.C. § 861 (§ 420 of the Controlled Substances Act) · 28 U.S.C. § 991
Relies on Apprendi v. New Jersey · United States v. X-Citement Video, Inc. · United States v. Cook · United States v. Butler · United States v. Maria
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f the defendant used or attempted to use a person less than eighteen years of age to commit the offense ... increase by 2 levels.”
4 later decisions quote this exact passage · from the majority“[t]he determination of a defendant's role in the offense is to be made on the basis of all conduct within the scope of § 1B1.3 (Relevant Conduct), i.e., all conduct included under § 1B1.3(a)(1)-(4), and not solely on the basis of elements and acts cited in the count of conviction.”
2 later decisions quote this exact passage · from the majority“SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME (a) Directive to Sentencing Commission— (1) The United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide that a defendant ... who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense. (2) The Commission shall provide that the guideline enhancement ... shall apply for any offense in relation to which the defendant has solicited, procured, recruited, counseled, encouraged, trained, directed, commanded, intimidated, or otherwise used or attempted to use any person less than 18 years of age with the intent that the minor would commit a Federal 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.