United States v. Lewis’s Empirical Analysis
405 F.3d 511 · 2005
Citation profile
48 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 78 later decisions — most recently May 2023 · most notably State v. Fagan (2006), United States v. Aguila-Montes De Oca (2011)
48 federal appellate · 1 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. § 16 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on United States v. Booker · Blakely v. Washington · Almendarez-Torres v. United States · Taylor v. United States · Shepard v. United States
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“has as an element the use, attempted use, or threatened use of physical force against the person of another.”
4 later decisions quote this exact passage · from the majority“That legal criteria (`what kind of crime is this') rather than factual inquiries (`what did this person do when violating that statute?') identify a `crime of violence' is the principal reason why the proviso to Booker exists, as Part III of Justice Souter's opinion in Shepard explains.”
2 later decisions quote this exact passage · from the majority“[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty of a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.”
2 later decisions 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.