United States v. Nance’s Empirical Analysis
2002
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 12 later decisions (1 by the Supreme Court) — most recently July 2020
4 federal appellate ·
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. § 3583 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Apprendi v. New Jersey · United States v. Olano · Anderson v. City of Bessemer City · Johnson v. United States · United States v. Frady
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.
“The subject of the sentence at issue is “any person.” The term “who” is a relative pronoun within the first dependent clause. The prepositional phrase “during and in relation to” modifies the relative pronoun; “uses or carries” are the compound verbs; and “firearm” is the direct object. Rather than adding a second modifier to the first relative pronoun, (i.e. “Any person who, during and relation to any crime of violence or drug trafficking crime ..., uses or carries a firearm, or in furtherance of any such crime, possesses a firearm”), the statute begins a second dependent clause with the second relative pronoun “who.” This second pronoun is then modified by the separate phrase “in furtherance of any such crime.” The verb in the second dependent clause is “possesses” and the direct object is again a “firearm.” The use of a second relative pronoun, the presence of a second dependent clause and the choice of different modifiers for the prohibited conduct confirm that the second prohibited act is quite distinct from the first. In the first clause, the use or carriage of the firearm must be “during and in relation to” the predicate crime, while, in the second clause, the possession of the firearm must be “in furtherance of such crime.””
1 later decision quote this exact passage · from the majority“In Peters , the Sixth Circuit found that the district court’s refusal to apply enhancement was not clearly erroneous where the gun was found in the dresser and the cocaine was found on top of that dresser. 15 F.3d at 546 . See also United States v. Siebe, 58 F.3d 161, 162 (5th Cir.1995) (§ 2Dl.l(b)(l) enhancement does not apply for guns seized in defendant’s residence when there was no evidence that drug activity occurred there). Similarly, here, as the district court indicated, Nance was standing in a parking lot, away from his car. There were no drugs found inside the car. The testimony did not show that the car was used for trafficking; instead, it suggested the guns were only in the car because Nance was moving. More importantly, there was no testimony that anyone ever saw the defendant selling drugs, much less using a gun while selling them. The only evidence that made this a drug trafficking crime was the testimony of the expert stating that the amount of crack Nance had was consistent with trafficking. Given our deferential stan dard of review, we uphold the district court’s refusal to apply a two-level enhancement under § 2D1.1(b)(1).”
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.