United States v. Davis’s Empirical Analysis
442 F.3d 681 · 2006
Citation profile
5
cited by 5 later decisions
February 2008
most recently cited
3 federal appellate · 1 district ·
Relationships
Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · United States v. Pirani · Riggle 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Davis raises three arguments challenging the district court’s determination of his sentence under the Sentencing Guidelines. First, Davis argues that the district court erred in imposing a two-level enhancement for obstruction of justice pursuant to U.S.S.G. § 3C1.1. We conclude that the district court did not clearly err in finding that Davis’s threats and acts of violence against Mark Osborn, Margie Smith, James Smith, and Joanne Winter were calculated to impede a criminal investigation and therefore constituted an obstruction of justice. Second, Davis argues that the district court erred in imposing a four-level aggravating role enhancement under U.S.S.G. § 3Bl.l(a). Because the evidence shows that Davis directed the activities of at least one other cocon-spirator, Mary Negethon, and exercised control over other coconspirators through threats or violence, the district court did not clearly err in concluding that Davis was a leader or organizer of the conspiracy. We affirm the district court’s imposition of the four-level enhancement. Third, Davis argues that the district court erred in relying upon the testimony of cooperating witnesses to calculate the amount of drugs involved in the conspiracy. We give great deference to the district court’s evaluation of witness credibility and its calculation of drug quantity. Because the testimony of the witnesses believed by the court to be credible is sufficient to support the district court’s determination that Davis was responsibl”
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.