United States v. Davis’s Empirical Analysis
710 F.2d 104 · 1983
Citation profile
53 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 69 later decisions (2 by the Supreme Court) — most recently June 2018 · most notably McMillan v. Pennsylvania (1986), Schall v. Martin (1984)
53 federal appellate · 1 district · 10 state decisions
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.
Relationships
Applies 18 U.S.C. § 3148 (Bail Reform Act of 1984) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 849 (§ 409 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Mathews v. Eldridge · In the Matter of Samuel Winship · Williams v. People of State of New York · Addington v. Texas · Gardner v. Florida
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(e) A defendant is a special offender for purposes of this section if— (1) the defendant has previously been convicted in courts of the United States, a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency, or instrumentality thereof for two or more offenses committed on occasions different from one another and from such felony and punishable in such courts by death or imprisonment in excess of one year, for one or more of such convictions the defendant has been imprisoned prior to the commission of such felony, and less than five years have elapsed between the commission of such felony and either the defendant’s release, on parole or otherwise, from imprisonment for one such conviction or his commission of the last such previous offense or another offense punishable by death or imprisonment in excess of one year under applicable laws of the United States, a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, any political subdivision, or any department, agency or instrumentality thereof." Subsections (e)(2) and (e)(3) also define special offender but those categories are not at issue here. Dangerousness is described in subsection (f): "A defendant is dangerous for purposes of [§ 3575] if a period of confinement longer than that provided for such felony is required for the protection of the public from”
3 later decisions quote this exact passage · from the majority““Due process ... requires that [the defendant] be present by counsel, have an opportunity to be heard, be confronted with witnesses against him, have the right to cross-examination, and to offer evidence of his own. And there must be findings to make meaningful any appeal that is allowed.””
2 later decisions quote this exact passage · from the majority“(a) Whenever an attorney charged with the prosecution of a defendant in a court of the United States for an alleged felony committed when the defendant was over the age of twenty-one years has reason to believe that the defendant is a dangerous special offender such attorney, a reasonable time before trial or acceptance by the court of a plea of guilty or nolo contendere, may sign and file with the court, and may amend, a notice (1) specifying that the defendant is a dangerous special offender who upon conviction for such felony is subject to the imposition of a sentence under subsection (b) of this section, and (2) setting out with particularity the reasons why such attorney believes the defendant to be a dangerous special offender. * * * (b) Upon any plea of guilty or nolo conten-dere or verdict or finding of guilty of the defendant of such felony, a hearing shall be held, before sentence is imposed, by the court sitting without a jury. * * * If it appears by a preponderance of the information, including information submitted during the trial of such felony and the sentencing hearing and so much of the presentence report as the court relies upon, that the defendant is a dangerous special offender, the court shall sentence the defendant to imprisonment for an appropriate term not to exceed twenty-five years and not disproportionate in severity to the maximum term otherwise authorized by law for such felony. * * * ****** (e) A defendant is a special offender for purposes of t”
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.