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← 561 F.3d 934 - United States v. Smith

United States v. Smith’s Empirical Analysis

561 F.3d 934 · 2009

Citation profile

17
cited by 17 later decisions
June 2018
most recently cited

8 federal appellate · 1 district ·

Relationships

Applies 18 U.S.C. § 113 · 18 U.S.C. § 3583

Relies on Gall v. United States · Chapman v. State of California · In the Matter of Samuel Winship · Arizona v. Fulminante · Neder 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The determination whether an object constitutes a ‘dangerous weapon’ turns not on the object’s latent capability alone, but also on the manner in which the object was used. Objects that are not dangerous weapons per se are deemed to be ‘dangerous weapons’ within the meaning of [ 18 U.S.C. § 113 (a)(3) ] when used in a manner likely to endanger life or inflict great bodily harm. Thus, the term ‘dangerous weapon’ is not restricted to such obviously dangerous weapons as guns, knives, and the like, but can include virtually any object given appropriate circumstances.””
    2 later decisions quote this exact passage · from the majority
  2. “First, the defendant intentionally used force in assaulting, resisting, intimidating or interfering with Task Force Officer Gamache; Second, the defendant did so while Officer Gamache was engaged in official duties; Third, the defendant used a motor vehicle. A motor vehicle is a dangerous or deadly weapon if it is used in a way that is capable of causing death or serious bodily injury.”
    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.