United States v. Hendricks’s Empirical Analysis

Citation profile

62 federal appellate · 3 state decisions

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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the instruction represents an accurate statement of the law; (2) the instruction reflects a theory that is supported by the evidence; (3) the instruction reflects a theory which is not already part of the charge; and (4) the failure to include the instruction would deny the [defendant] a fair trial.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Berndt · United States v. Jackson

2. “Mr. Hendricks relies primarily on United States v. Conley, 291 F.3d 464 (7th Cir.2002), to support his argument. In Conley, we stated in dicta that “[o]ur case law makes clear that an individual convicted of a felony violates § 922(g)(1) whenever he is in possession and physical control of a weapon for more than an ‘academic’ period of time, even if he lacks the specific intent to use the weapon for criminal purposes.” Id. at 473 (quoting United States v. Lane, 267 F.3d 715 , 718 (7th Cir.2001)). Mr. Hendricks’ reliance on this statement is misplaced. Although we gave no precise definition to the term “academic” in Conley, a fair reading of the reference in the context of the court’s discussion leaves no doubt that the court was of the view that even a very brief possession of a firearm is sufficient to convict under § 922(g)(1). Furthermore, the court used the term “academic” based on a passage from United States v. Lane, 267 F.3d 715 (7th Cir.2001), which undermines, rather than supports, Mr. Hendricks’ position. In Lane, this court stated: “Because a defendant can shoot a gun so quickly and easily once he holds it in his hands, we conclude that evidence showing that a felon held a gun is by itself ‘a factor indicating that the defendant had the ability to exercise direct control over the [firearm].’ ” Id. at 718 (alteration in original). The court then stated that “[t]he distinction between holding a gun and obtaining control over a gun as required to prove possession is a”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Matthews

3. “Possession of an object is the ability to control it. Possession exists when an individual holds an object, in this case a firearm, even if the handling is only momentary, as long as the individual does so knowingly and intends to handle the object. Possession may also exist even when a person is not in physical contact with the object, but knowingly has the power and intention to exercise direction or control over it, either directly or through others. A person can possess an object without owning the object provided that the person has the power and intention to control the object.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Van Sach