United States v. Phillips’s Empirical Analysis
382 F.3d 489 · 2004
Citation profile
15 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 2021 · most notably United States v. Cooley (2009), United States v. Carter (2010)
15 federal appellate · 2 district · 1 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. § 3553 · 18 U.S.C. § 3742 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 860 (§ 419 of the Controlled Substances Act)
Relies on Katz v. United States · Rakas v. Illinois · Koon v. United States · Minnesota v. Olson · Minnesota, v. Wayne Thomas Carter
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We first note, and Defendant concedes, that by its plain terms § 3553(f) does not apply to § 860 convictions. Nor does the wording of § 3553(f) support the argument that it contains anything other than an exhaustive list of the offenses to which the safety valve applies. Under the plain terms of § 3553(f), the safety valve applies only to convictions under 21 U.S.C. §§ 841 , 844, 846, 960, and 963. Under the general rule of statutory construction that the inclusion of certain provisions in a statute implies the exclusion of others § 3553(f) does not apply to convictions under § 860.”
1 later decision quote this exact passage · from the majority“merely a 'sentence enhancement,' " and § 21 U.S.C. § 841 , which is specifically enumerated, is a lesser-included offense of § 860. Id. at 499 . This court, similar to other circuits, rejected the argument. Id. at 499-500 . It reasoned that it was "clear that § 841 and § 860 are separate substantive offenses, and that there is no ambiguity concerning the ambit of § 3553(f).”
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.