United States v. Cooper’s Empirical Analysis
739 F.3d 873 · 2014
Citation profile
8 federal appellate ·
Relationships
Applies 18 U.S.C. § 2 · 18 U.S.C. § 3553 · 21 U.S.C. § 843 (§ 403 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on United States v. Booker · Apprendi v. New Jersey · Gall v. United States · Almendarez-Torres v. United States · Taylor 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any of the following offenses under federal, state, or local law: murder, manslaughter, kidnapping, aggravated assault, forcible sex offenses (including where consent to the conduct is not given or is not legally valid, such as where consent to the conduct is involuntary, incompetent, or coerced), statutory rape, sexual abuse of a minor, robbery, arson, extortion, extortionate extension of credit, burglary of a dwelling, or any other offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.”
3 later decisions quote this exact passage · from the majority“(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.”
2 later decisions quote this exact passage · from the majority“We use a "categorical approach" to determine whether an offense constitutes a "crime of violence" for purposes of § 924(c)(3).... Under the categorical approach, a court "focuses on the statutory definition of the offense, rather than the manner in which an offender may have violated the statute in a particular circumstance." ... "Courts use 'a variant of this method-labeled (not very inventively) the "modified categorical approach"-when a prior conviction is for violating a so-called "divisible statute," ' which 'sets out one or more elements of the offense in the alternative.' " .... "If [the underlying] statute could be violated in a way that would constitute a crime of violence and in a way that would not, we look beyond the statutory language and examine" a limited set of documents "to determine whether the conviction necessarily depended on the commission of a crime of violence."”
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.