FERREIRA’s Empirical Analysis
2014
Citation profile
6 federal appellate ·
Relationships
Applies 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act) · 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. § 811 (§ 201 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Shepard v. United States · Gonzales v. Duenas-Alvarez · Lopez v. Gonzales · Johnson v. United States · Moncrieffe v. Holder
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the generic definition of the removable offense to defeat a charge of removability under the categorical approach.”
1 later decision quote this exact passagee.g. Vazquez v. Sessions“[T]he presence of these two substances in the Connecticut schedules at the time of the respondent's conviction meant that the definition of a controlled substance incorporated by [the Connecticut law] was broader than the definition of a controlled substance [under federal law].”
1 later decision quote this exact passagee.g. Doe v. Sessions“the application of the realistic probability test is necessary to prevent the categorical approach from eliminating the immigration consequences for many State drug offenses, including trafficking crimes.”
1 later decision quote this exact passagee.g. Vazquez v. Sessions
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.