United States v. Webb’s Empirical Analysis
49 F.3d 636 · 1995
Citation profile
26 federal appellate · 2 district ·
How this case has been cited
Cited by 37 later decisions — most recently March 2019 · most notably United States v. Serrata (2005), United States v. Galante (1997)
26 federal appellate · 2 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. § 3553 · 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act) · 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act) · 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968) · 26 U.S.C. § 5861 (§ 201 of the Gun Control Act of 1968) · 28 U.S.C. § 1291
Relies on Staples v. United States · United States v. Freed · Kliewer v. New Jersey · United States v. Eichman · Vasquez v. Harris
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For the aforementioned reasons, we find the justifications cited by the district court insufficient to set this case outside the "heartland" contemplated by the Sentencing Guidelines. The decision of the district court to depart from the applicable guideline range is therefore REVERSED. The case is REMANDED for resentencing within the prescribed range of twenty-seven to thirty-three months imprisonment .”
2 later decisions quote this exact passage · from the majority“As part of a marijuana eradication effort, the Morris County sheriff, the Kansas National Guard, and the Kansas Bureau of Investigation (KBI) engaged in surveillance efforts to locate cultivated marijuana. Aerial surveillance revealed marijuana at defendant Edgar Wayne Webb’s residence. The sheriff and a KBI agent confirmed that observation by viewing defendant’s yard from a nearby football field. The next day, KBI agents executed a search warrant and found 142 cultivated marijuana plants in a fenced area of defendant’s backyard. Defendant consented to a search of his house, where agents found additional marijuana. They also discovered a .22 caliber semiautomatic rifle with a homemade silencer attached and a second, partially-eomplete homemade silencer. Defendant cooperated throughout the agents’ search and admitted to cultivating the marijuana. He showed the agents his “personal stash” of marijuana and stated that he was addicted to the substance. Defendant asserted that he grew the marijuana for his own use and that he neither sold nor gave it away. A jury convicted defendant of possession of marijuana in violation of 21 U.S.C. § 844 (a), and of possession of unregistered firearms and firearms not identified by a serial number in violation of 26 U.S.C. § 5861 (d) and (i). [Note: Defendant was acquitted of possessing marijuana with intent to distribute and of using a firearm in relation to a drug trafficking crime.] The Sentencing Guidelines prescribed a range of twenty-seve”
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.