United States v. Davidson’s Empirical Analysis
409 F.3d 304 · 2005
Citation profile
46 federal appellate ·
How this case has been cited
Cited by 88 later decisions — most recently June 2022 · most notably United States v. Grier (2007), United States v. Blackwell (2006)
46 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. § 3231 · 18 U.S.C. § 3553 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on United States v. Booker · Blakely v. Washington · United States v. Hughes · United States v. Crosby · United States v. Oliver
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) Factors to Consider. — In determining, for purposes of subsection (b)(10)(C)(ii) or (D), whether the offense created a substantial risk of harm to human life or the environment, the court shall include consideration of the following factors: (i) The quantity of any chemicals or hazardous or toxic substances found at the laboratory, and the manner in which the chemicals or substances were stored. (ii) The manner in which hazardous or toxic substances were disposed, and the likelihood of release into the environment of hazardous or toxic substances. (iii) The duration of the offense, and the extent of the manufacturing operation. (iv) The location of the laboratory (e.g., whether the laboratory is located in a residential neighborhood or a remote area) and the number of human lives placed at substantial risk of harm.”
1 later decision quote this exact passage · from the majority“The laboratory was in Dick’s apartment, which itself is in a large apartment complex in a densely settled area near a number of other apartment complexes. Dick’s apartment is within an eight-unit structure. At the time the search warrant was executed — while Defendants manufactured methamphetamine — the other seven units were occupied. An elementary school is housed nearby, and a creek flows through the apartment complex and empties into the Tennessee River.”
1 later decision quote this exact passage · from the majority“First, to meet is initial burden, the government must show by a preponderance of the evidence that the defendant possessed the firearm while committing a drug trafficking offense. Second, if the government is successful in meeting its initial burden, the burden shifts to the defendant to demonstrate that it was clearly improbable that the weapon was connected to the offense.”
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.