United States v. Eversley’s Empirical Analysis
55 F.3d 870 · 1995
Citation profile
9 federal appellate · 1 district ·
Relationships
Applies 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Lee v. Brown · G-K Development Co. v. Broadmoor Place Investments · Toti v. United States · United States v. Collado · United States v. Forbes
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Neither the commentary nor the statutory appendix breaks down the applicability of § 2L1.2(b) into subsections. Furthermore, the Guidelines direct the district court to consider the ‘specific offense characteristics’ in determining the appropriate sentencing range within the applicable guideline. U.S.S.G. § 1B1.2, comment, (n. 2). Section 2L1.2(b) is explicitly captioned “Specific Offense Characteristics,” and states “[i]f more than one applies, use the greater.” U.S.S.G. § 2L1.2(b). This language clearly indicates that the sentencing court’s consideration is not limited by the particular subsection of § 1326 at issue.”
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.