Shepard v. United States’s Empirical Analysis
2005
Citation profile
3,457 federal appellate · 223 district · 478 state decisions
How this case has been cited
Cited by 8,315 later decisions (48 by the Supreme Court) — most recently June 2026 · most notably State v. Foster (2006), James v. United States (2007)
3,457 federal appellate · 223 district · 478 state decisions — followed in 33 states
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.
Appellate journey
reviewedUnited States v. Shepard (from First Circuit Court of Appeals)
Relationships
Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Almendarez-Torres v. United States · Taylor v. United States
Cited together with Taylor v. United States · United States v. Booker · Apprendi v. New Jersey · Almendarez-Torres v. United States · James 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 8,315 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
73 later decisions quote this exact passage · from the majority“charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented.”
54 later decisions quote this exact passage · from the majority“(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.”
30 later decisions quote this exact passage · from the dissent
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.