United States v. Brown’s Empirical Analysis
449 F.3d 154 · 2006
Citation profile
10 federal appellate · 5 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Miranda v. State of Arizona Vignera · United States v. Booker · Chapman v. State of California · Blakely v. Washington · Bailey 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A]ny person who, during and in relation to any crime of violence or drug trafficking crime . . . uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime— “(i) be sentenced to a term of imprisonment of not less than 5 years; “(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and “(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.””
1 later decision quote this exact passage“Id. at 159. Accordingly we vacated the sentence and remanded for resentencing under § 924(c)(1)(A)(ii) (providing a 7-year sentence for instances in which the firearm is”
1 later decision quote this exact passage“the separate mens rea requirement for the discharge provision would be meaningless or virtually so.”
1 later decision quote this exact passage
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.