United States v. O'Brien’s Empirical Analysis
542 F.3d 921 · 2008
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 10 later decisions (2 by the Supreme Court) — most recently June 2024
5 federal appellate ·
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. § 1951 (Hobbs Act) · 18 U.S.C. § 2119 · 18 U.S.C. § 3593 (§ 60002 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 924 · 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968) · 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Almendarez-Torres v. United States · Bailey 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime . . . uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime— “(i) be sentenced to a term of imprisonment of not less than 5 years; “(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and “(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years. “(B) If the firearm possessed by a person convicted of a violation of this subsection— “(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or “(ii) is a maehinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 80 years.” 18 U. S. C. § 924 (c)(1).”
2 later decisions quote this exact passage · from the majority““(c)(1) Whoever, during and in relation to any crime of violence or drug trafficking crime . . . , uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a short-barreled rifle [or a] short-barreled shotgun to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years....” 18 U. S. C. § 924 (c)(1) (1988 ed., Supp. V).”
2 later decisions quote this exact passage · from the majority“a fully automatic weapon [is one] that fires continuously with a single pull on the trigger”
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.