United States v. Mitchell’s Empirical Analysis
624 F.3d 1023 · 2010
Citation profile
10 federal appellate · 2 district ·
Appellate journey
Relationships
Applies 18 U.S.C. § 3553 · 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 994
Relies on United States v. Booker · Gall v. United States · Kimbrough v. United States · United States v. Carty · Spears 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“reject any Sentencing Guideline [based on a policy disagreement], provided that the sentence imposed is reasonable.”
2 later decisions quote this exact passage · from the majority“(1) the defendant was at least 18 years old at the time he 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.”
1 later decision quote this exact passagee.g. United States v. Lee“possession of a shank in jail ... created a viable risk that a person might be injured, which made it a crime of violence.” Id. That rationale directly conflicts with Begay and is therefore, not persuasive. 10 . Additionally, because New Mexico defines”
1 later decision quote this exact passage
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.