United States v. Durham’s Empirical Analysis
618 F.3d 921 · 2010
Citation profile
39 federal appellate · 1 district · 1 state decisions
Relationships
Applies 18 U.S.C. § 2252 · 18 U.S.C. § 3583
Relies on Anderson v. City of Bessemer City · United States v. Yellow Cab Co. · United States v. Layton · United States v. Sofsky · United States v. Stults
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the special conditions must be "reasonably related" to ... the nature and circumstances of the offense, the defendant's history and characteristics, the deterrence of criminal conduct, the protection of the public from further crimes of the defendant, and the defendant's educational, vocational, medical or other correctional needs. Second, the conditions must "involve[ ] no greater deprivation of liberty than is reasonably necessary" to advance deterrence, the protection of the public from future crimes of the defendant, and the defendant's correctional needs. Finally, the conditions must be consistent with any pertinent policy statements issued by the [United States Sentencing Commission].”
2 later decisions quote this exact passage · from the majority““Distribution” means any act, including possession with intent to distribute, production, transmission, advertisement, and transportation, related to the transfer of material involving the sexual exploitation of a minor. Accordingly, distribution includes posting material involving the sexual exploitation of a minor on a website for public viewing but does not include the mere solicitation of such material by a defendant.”
2 later decisions quote this exact passage · from the majority“In adopting Amendment 801, the Sentencing Commission explained that, in general, it was attempting to codify the approach of the Second, Fourth, and Seventh Circuits, all of which had held that when a 'knowing distribution' enhancement is premised upon the use of a peer-to-peer file-sharing program, the enhancement requires only that a defendant know 'of the file-sharing properties of the program.'”
2 later decisions 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.