United States v. Gray’s Empirical Analysis

Citation profile

18 federal appellate · 1 district ·

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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhere the language of two ... provisions is identical, we cannot conclude that those provisions have disparate applicability to a type of conduct that inherently involves the risk specified in both provisions. Thus, we are hard pressed to reject the views of the Supreme Court’s most recent decision explaining the scope of the definition of “violent felony” [under the ACCA] in understanding the reach of the term “crime of violence” “[under U.S.S.G. § 4B1.2(a)(2) ]””

   1 later decision quote this exact passage · from the majority
   e.g. 636 F. App'x 807 - United States v. Maldonado

2. “Begay places a strong emphasis on intentional-purposeful-conduct as a prerequisite for a crime to be considered similar in kind to the listed crimes. The Court was concerned that, without this requirement, the statute would apply to a large number of crimes which pose a great degree of risk to others but are far removed “from the deliberate kind of behavior associated with violent criminal use of firearms.””

   1 later decision quote this exact passage · from the dissent
   e.g. United States v. Ossana

3. “otherwise involve[] conduct that presents a serious potential risk of physical injury to another.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Van Mead