United States v. Abbott’s Empirical Analysis
574 F.3d 203 · 2009
Citation profile
10 federal appellate · 1 district ·
Appellate journey
Relationships
Applies 18 U.S.C. § 2 · 18 U.S.C. § 3742 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1291 · 6 U.S.C. § 924
Relies on United States v. Booker · Bailey v. United States · Lamie v. United States Trustee · Ybarra v. Illinois · Griffin v. Oceanic Contractors, Inc.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whoever, during and in relation to any crime of violence or drug trafficking crime (including a crime of vio lence or drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) . . . , 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, short-barreled shotgun, or semiautomatic assault weapon, 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. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to life imprisonment without release. Notwithstanding any other provision of law,... the term of imprisonment imposed under this subsection [shall not] run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried.” § 924(c)(1) (1994 ed.) (footnote omitted).”
2 later decisions quote this exact passage · from the majority“In holding that the "except” clause includes sentences for predicate offenses, we do not hold that the "except” clause is unbounded.... [I]t is natural to read "any other provision of law” to include the penalty for the "crime of violence or drug trafficking crime,” so long as the firearm was possessed "during and in relation to” or "in furtherance of that predicate offense. In other words, the "except” clause includes minimum sentences for predicate statutory offenses arising from the same criminal transaction or operative set of facts. An interpretation of “any other provision of law,” to include, for example, provisions under which a defendant was already sentenced for a prior unrelated crime in a previous case, would be suspect.””
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.