United States v. Marseille’s Empirical Analysis
377 F.3d 1249 · 2004
Citation profile
38 federal appellate · 1 district · 6 state decisions
Appellate journey
Relationships
Applies 18 U.S.C. § 1513 · 18 U.S.C. § 3553 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 18 U.S.C. § 929 · 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968) · 28 U.S.C. § 994
Relies on Apprendi v. New Jersey · Blakely v. Washington · Almendarez-Torres v. United States · United States v. Thomas
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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“held that the government need not allege in its indictment and need not prove beyond a reasonable doubt that a defendant had prior convictions for a district court to use those convictions for purposes of enhancing a sentence.”
3 later decisions quote this exact passage · from the majority“Blakely does not take such fact-finding out of the hands of the courts”); United States v. Cooper, 375 F.3d 1041 , 1053 n. 3 (10th Cir.2004); United States v. Pacheco-Zepeda, 234 F.3d 411, 415 (9th Cir.2000) (”
2 later decisions quote this exact passage · from the majority“(a) A defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; ’ (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. (b) Except as provided in subsection (c), if the offense level for a career offender from the table in this subsection is greater than the offense level otherwise applicable, the offense level from the table in this subsection shall apply. A career offender’s criminal history category in every case under this subsection shall be Category VI. Offense Statutory Maximum Offense Level (6) 5 years or more, but 17 less than 10 years (c) If the defendant is convicted of 18 U.S.C. § 924 (c) or § 929(a), and the defendant is determined to be a career offender under subsection (a), the applicable guideline range shall be determined as follows....”
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.