Bovkun v. Ashcroft’s Empirical Analysis
283 F.3d 166 · 2002
Citation profile
20 federal appellate ·
How this case has been cited
Cited by 38 later decisions — most recently August 2023 · most notably Singh v. Ashcroft (2004), Singh v. Gonzales (2006)
20 federal appellate ·
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. § 16 · 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)) · 8 U.S.C. § 1228 (§ 238 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Rogers v. Pennsylvania Board of Probation & Parole · Drakes v. Zimski · United States v. Graham · 283 Pa. Super. 21 - Commonwealth v. Ferrer
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person is guilty of a misdemeanor of the first degree if he threatens to commit any crime of violence with intent to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.”
3 later decisions quote this exact passage · from the majority“Accordingly, petitioner’s sentence of 11 to 23 months meant that he had to serve at least 11 months and would not serve more than 23 months. This sentence was functionally the same as a sentence of 23 months, with parole eligibility beginning after 11 months. By contrast, petitioner’s sentence was not at all comparable to a simple sentence of 11 months. Under a simple sentence of 11 months, he would have been guaranteed release from prison at the expiration of 11 months, and upon release he would not have been subject to any of the restrictions that commonly accompany parole. We therefore treat the petitioner’s sentence for present purposes as if it were a simple sentence of 23 months....”
1 later decision quote this exact passage · from the majority“The term 'crime of violence’ means — (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another....”
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.