United States v. Munoz-Cerna’s Empirical Analysis
47 F.3d 207 · 1995
Citation profile
35 federal appellate · 1 district ·
How this case has been cited
Cited by 41 later decisions (1 by the Supreme Court) — most recently July 2013 · most notably Almendarez-Torres v. United States (1998), United States v. Butler (2000)
35 federal appellate · 1 district ·
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 · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Russello v. United States · National Union Fire Insurance v. Helfand · Lee v. Brown · G-K Development Co. v. Broadmoor Place Investments · Continental Casualty Co. v. UNR Industries, Inc.
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) If the defendant previously was deported after a conviction for a felony, other than a felony involving violation of the immigration laws, increase by 4 levels. (2) If the defendant previously was deported after a conviction for an aggravated felony, increase by 16 levels.”
7 later decisions quote this exact passage · from the majority“(a) In General. — Paragraph (43) of section 101(a) (8 U.S.C. 1101(a)) is amended— (1) by aligning its left margin with the left margin of paragraph (42), (2) by inserting “any illicit trafficking in any controlled substance (as defined in section 102 of the Controlled Substances Act), including” after “murder,”, (3) by inserting after "such title," the following: “any offense described in section 1956 of title 18, United States Code (relating to laundering of monetary instruments), or any crime of violence (as defined in section 16 of title 18, United States Code, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,”, (4) by striking "committed within the United States", (5) by adding at the end the following: "Such term applies to offenses describe in the previous sentence whether in violation of Federal or State law.”, and (6) by inserting before the period of the sentence added by paragraph (5) the following: "and also apples to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years”. (b) Effective Date. — The amendments made by subsection (a) shall apply to offenses committed on or after the date of the enactment of this Act, except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the An”
3 later decisions quote this exact passage · from the majority“an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”
3 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.