United States v. Polanco’s Empirical Analysis
29 F.3d 35 · 1994
Citation profile
31 federal appellate ·
Relationships
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3651 · 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. § 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. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on United States v. Forbes · United States v. Zapata · United States v. Mastropierro
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) In General. — Paragraph (43) of section 101(a) (8 U.S.C. 1101(a)) is amended— (1) by aligning its left margin with the left margin of paragraph (42), (2) by inserting “any illicit trafficking in any controlled substance (as defined in section 102 of the Controlled Substances Act), including” after “murder,”, (3) by inserting after "such title," the following: “any offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, United States Code, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,”, (4) by striking "committed within the United States", (5) by adding at the end the following: "Such term applies to offenses describe in the previous sentence whether in violation of Federal or State law.”, and (6) by inserting before the period of the sentence added by paragraph (5) the following: "and also apples to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years”. (b) Effective Date. — The amendments made by subsection (a) shall apply to offenses committed on or after the date of the enactment of this Act, except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the An”
2 later decisions quote this exact passage · from the majority“[b]e-cause Polanco’s felony conviction was for an offense punishable under the Controlled Substances Act, one of the statutes enumerated under section 924(e)(2), the offense rises to the level of ‘aggravated felony’ under section 2L1.2(b)(2) and 8 U.S.C. § 1326 (b)(2) regardless of the quantity or nature of the contraband or the severity of the sentence imposed.”
1 later decision quote this exact passage · from the majority“[i]f the defendant previously was deported after a... conviction ... for an aggravated felony.”
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.