United States v. Moore’s Empirical Analysis
286 F.3d 47 · 2002
Citation profile
27 federal appellate · 9 district · 2 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently April 2025 · most notably United States v. Henderson (2003), United States v. Weems (2003)
27 federal appellate · 9 district · 2 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. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Apprendi v. New Jersey · Almendarez-Torres v. United States · Taylor v. United States · Gryger v. Burke · Alaska 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“allows for a maximum possible penalty of ten years incarceration, and, thus, fits comfortably within the ambit of 'serious drug offense' as that term is defined in [ACCA].”
3 later decisions quote this exact passage · from the majority“(1) In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section 922(g)(1) of this title for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person shall be fined under this title and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g). (2) As used in this subsection— (A) the term "serious drug offense” means— (i) an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C.App.1901 et seq.), for which a maximum term of imprisonment of ten years or more is prescribed by law; or (ii) an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law; (B) the term "violent felony” means any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife, or destructive device that would be punishable by imprisonm”
2 later decisions quote this exact passage · from the majority“In the post-Apprendi era, we have ruled with a regularity bordering on the monotonous that, given the explicit exception and the force of Almendarez-Torres , the rationale of Apprendi does not apply to sentence-enhancement provisions based upon prior criminal convictions.”
2 later decisions 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.