Alsol v. Mukasey’s Empirical Analysis
548 F.3d 207 · 2008
Citation profile
10 federal appellate ·
Relationships
Applies 18 U.S.C. § 3559 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act) · 21 U.S.C. § 851 (§ 411 of the Controlled Substances Act) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Apprendi v. New Jersey · Almendarez-Torres v. United States · James v. United States · Lopez v. Gonzales · Sunbeam Products, Inc. v. Wing Shing Products (BVI) Ltd.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Of course, we must acknowledge that Congress did counterintuitively define some possession offenses as “illicit trafficking.” Those state possession crimes that correspond to felony violations of one of the three statutes enumerated in § 924(c)(2), such as possession of cocaine base and recidivist possession, see 21 U.S.C. § 844 (a), clearly fall within the definitions used by Congress in 8 U.S.C. § 1101 (a)(43)(B) and 18 U.S.C. § 924 (c)(2), regardless of whether these federal possession felonies or their state counterparts constitute “illicit trafficking in a controlled substance” or "drug trafficking” as those terms are used in ordinary speech. But this coerced inclusion of a few possession offenses in the definition of "illicit trafficking” does not call for reading the statute to cover others for which there is no clear statutory command to override ordinary meaning, (emphasis added).”
1 later decision quote this exact passage · from the majority“does not stand for the proposition that a state offense is a felony punishable under the CSA if it could have been charged as a recidivist state offense that would then be punishable as a federal felony; rather, Lopez stands for the proposition that a state offense of conviction that is punishable as a federal felony is an aggravated felony.”
1 later decision quote this exact passage · from the majority“any felony punishable under the Controlled Substances Act.”
1 later decision 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.