United States v. Cortez-Arias’s Empirical Analysis
403 F.3d 1111 · 2005
Citation profile
37 federal appellate ·
How this case has been cited
Cited by 63 later decisions — most recently January 2023 · most notably United States v. Cantrell (2006), United States v. Becerril-Lopez (2008)
37 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. § 924 · 28 U.S.C. § 1291 · 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on United States v. Booker · Taylor v. United States · 9 Cal. 4th 300 - People v. Hansen · United States v. Huffhines · Sareang Ye v. Immigration & Naturalization Service
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Drug trafficking offense” means an offense under federal, state, or local law that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.”
2 later decisions quote this exact passage · from the majority“Cortez-Arias received a sentencing enhancement under USSG § 2L1.2. The commentary to that section defines a “crime of violence” somewhat differently than does § 4B1.2(a)_ Neither[§ 2L1.2] nor its commentary in explicit words refer to crimes that “involve conduct that presents a serious risk of physical injury to another.” Accordingly, we conclude that ... [a case] holding that California Penal Code section 246 is a “crime of violence” [for purposes of § 4B1.2] because it involves conduct that presents a serious risk of physical injury to another does not necessarily resolve the question of whether the same offense is a “crime of violence” for purposes of USSG § 2L1.2.”
1 later decision quote this exact passage · from the majority“A person whose home is shot up by an instrument of deadly force, even though that person may have been absent at the time of the shooting, will surely feel threatened by the physical force that has intruded on his or her home. We hold that maliciously and willfully shooting a gun at a person’s current permanent residence necessarily threatens the use of physical force against the resident, regardless of whether the resident is home at the time the shot is fired.”
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.