United States v. Clarence D. Brigman’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Cocaine is a naturally occurring substance that is derived from the leaves of the erythroxylon plant. United States Sentencing Commission, Special Report to the Congress: Cocaine and Federal Sentencing Policy, at vi (1995) [hereinafter "Special Report”]. There are five basic forms of the drug: coca leaves, coca paste, powder cocaine, freebase cocaine, and crack cocaine. Id. at 11. There are three base forms of cocaine: coca paste, freebase cocaine, and crack cocaine. Id. Coca paste, not usually imported into the United States, is "a chunky, off-white to light-brown, putty-like substance that exists primarily as an intermediate product in the processing of coca leaves into powder cocaine.” Id. Both freebase cocaine and crack cocaine are forms of cocaine base produced from powder cocaine. Id. at 13. In this form, the powder cocaine has been "freed” from the salt substrate and is once again in a base form similar to that of coca paste. Id. To create freebase cocaine, powder cocaine is dissolved in water and a strong alkaloid solution, typically ammonia is added, along with another organic solvent like ether. Id. The use of this process was first documented in the 1970s, but "many resisted the freebasing process because of its complexity and potential danger. Ether, a highly volatile and flammable solvent, will ignite or explode if the freebase cocaine is smoked before the ether has evaporated entirely.” Id. Cocaine base prepared using the freebase method was replaced by the crac”

   1 later decision quote this exact passage · from the majority
   e.g. 618 F. Supp. 2d 368 - United States v. Ford

2. “[hjearsay is fully admissible at a sentencing hearing, so long as it has sufficient indicia of reliability”

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