United States v. Evans’s Empirical Analysis
587 F.3d 667 · 2009
Citation profile
32 federal appellate ·
How this case has been cited
Cited by 492 later decisions (1 by the Supreme Court) — most recently April 2025 · most notably United States v. Henderson (2011), United States v. Anderson (2009)
32 federal appellate ·
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
Relationships
Applies 18 U.S.C. § 3553 · 18 U.S.C. § 3582 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on United States v. Booker · Gall v. United States · Rita v. United States · Sells v. United States · United States v. Cisneros-Gutierrez
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 492 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]e ordinarily do not find plain error when we 'have not previously addressed' an issue.”
3 later decisions quote this exact passage · from the majority“[I]n the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.”
2 later decisions quote this exact passage · from the majority“A defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.” U.S.S.G. § 4Bl.l(a). 4 . See U.S.S.G. § 4Bl.l(b). 5 . "The Sentencing Commission amended the guidelines applicable to cocaine base (i.e., crack cocaine) offenses by raising the quantity required to trigger each base offense level, effectively lowering each respective sentencing range.... That amendment was then made retroactive by a subsequent amendment to the guidelines.”
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.