United States v. Hodge’s Empirical Analysis
321 F.3d 429 · 2003
Citation profile
28 federal appellate · 4 district · 6 state decisions
How this case has been cited
Cited by 77 later decisions — most recently January 2024 · most notably United States v. Starnes (2009), Lawrence v. City of Philadelphia (2008)
28 federal appellate · 4 district · 6 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. § 111 (Federal Judiciary Protection Act of 2002) · 18 U.S.C. § 2 · 18 U.S.C. § 3 · 18 U.S.C. § 924 · 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 21 U.S.C. § 813 (§ 203 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Apprendi v. New Jersey · Griffin v. Oceanic Contractors, Inc. · Reiter v. Sonotone Corp. · Harris v. United States · McDonough Power Equipment, Inc. v. Greenwood
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.”
6 later decisions quote this exact passage · from the majority“qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding, and are not to be construed as extending to and including others more remote.”
4 later decisions quote this exact passage · from the majority“Congress intended to cover and criminalize sales of legal substances such as flour, salt, ginseng, vitamin B, etc., merely because the seller represents that they will yield a stimulant, depressant, or hallucinogenic effect like that of a controlled substance.”
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.