United States v. Bartee’s Empirical Analysis
529 F.3d 357 · 2008
Citation profile
29 federal appellate · 1 district ·
How this case has been cited
Cited by 52 later decisions — most recently March 2020 · most notably United States v. Aguila-Montes De Oca (2011), United States v. Baker (2009)
29 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. § 3553 · 18 U.S.C. § 924 · 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968)
Relies on United States v. Booker · Gall v. United States · Taylor v. United States · Shepard v. United States · Begay 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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 the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.”
10 later decisions quote this exact passage · from the majority“In United States v. Wynn, we explained: To determine whether a prior conviction constitutes a “crime of violence,” we must apply the categorical approach.... Under this categorical approach, the court must look only to the fact of conviction and the statutory definition — not the facts underlying the offense — to determine whether that definition supports a conclusion that the conviction was for a crime of violence.... There is, however, an exception to the categorical approach: When the statutory definition of the prior crime to which the defendant pleaded guilty is ambiguous ... the court may examine ... the terms of the charging document, the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record of this information.”
2 later decisions quote this exact passage · from the majority“The categorical approach articulated in Taylor ... and extended to plea-based convictions in Shepard v. United States ... for determining whether a prior conviction constitutes a “violent felony” under the Armed Career Criminal Act (ACCA) ... has been applied by [the Sixth Circuit] to ... determine] ... whether a prior conviction constitutes a “crime of violence” under USSG § 4B1.2(a).”
2 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.