United States v. Eirby’s Empirical Analysis
515 F.3d 31 · 2008
Citation profile
22 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 31 later decisions — most recently March 2020 · most notably United States v. Irey (2010), Rodríguez v. Municipality of San Juan (2011)
22 federal appellate · 1 district · 1 state decisions
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. § 3559 · 18 U.S.C. § 3583 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on United States v. Booker · Apprendi v. New Jersey · Morrissey v. Brewer · Taylor v. United States · Shepard 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]ny offense under federal or state law, punishable by imprisonment for á term exceeding one year, that (1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or (2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.”
1 later decision quote this exact passage“child-molestation crimes 'typically occur in close quarters, and are generally perpetrated by an adult upon a victim who is not only smaller, weaker, and less experienced, but is also generally susceptible to acceding to the coercive power of adult authority figures.'”
1 later decision quote this exact passage“the statutory description of the offense conduct, the baseline age of the minor, and the chronological spread between the age of the minor and the age of the perpetrator,”
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.