United States v. Evers’s Empirical Analysis
669 F.3d 645 · 2012
Citation profile
16 federal appellate · 2 district · 6 state decisions
Relationships
Applies 18 U.S.C. § 2248 (§ 40113 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 2251 (Child Pornography Prevention Act of 1996) · 18 U.S.C. § 2252 · 18 U.S.C. § 2253 · 18 U.S.C. § 2259 (§ 40113 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 3553 · 18 U.S.C. § 3583 · 18 U.S.C. § 3663
Relies on United States v. Leon · Rakas v. Illinois · Robinson v. Shell Oil Co. · New York v. Ferber · Holmes v. Securities Investor Protection Corporation
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n order of restitution under this section shall be issued and enforced in accordance with section 3664,”
3 later decisions quote this exact passage · from the majority“(a) IN GENERAL. — Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (b) SCOPE AND NATURE OF ORDER.— (1) DIRECTIONS. — The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2). (2) ENFORCEMENT. — An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A. (3) DEFINITION. — For purposes of this subsection, the term “full amount of the victims’ losses” includes any costs incurred by the victim for— (A) medical services relating to physical, psychiatric, or psychological care; (B) , physical and occupational therapy or rehabilitation; (C) necessary transportation, temporary housing, and child care expenses; (D) lost income; (E) attorneys’ fees, as well as other costs incurred; and (F) any other losses suffered by the victim as a proximate result of the offense. (4) ORDER MANDATORY. — (A) The issuance of a restitution order under this section is mandatory. (B) A court may not decline to issue an order under this section because of— (i) the economic circumstances of the defendant; or (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the procee”
1 later decision quote this exact passage · from the majority“(1) where the issuing magistrate was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard for the truth; (2) where the issuing magistrate wholly abandoned his judicial role and failed to act in a neutral and detached fashion, serving merely as a rubber stamp for the police; (3) where the affidavit was nothing more than a “bare bones” affidavit that did not provide the magistrate with a substantial basis for determining the existence of probable cause, or where the affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; and (4) where the officer’s reliance on the warrant was not in good faith or objectively reasonable, such as where the warrant is facially deficient.”
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.