United States v. Davis’s Empirical Analysis
751 F.3d 769 · 2014
Citation profile
13 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 2252 · 18 U.S.C. § 2252A (§ 101 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) · 18 U.S.C. § 2256
Relies on Apprendi v. New Jersey · Gall v. United States · Almendarez-Torres v. United States · Taylor v. United States · Shepard 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“does not authorize a sentencing court to substitute ... a facts-based inquiry for an elements-based one. A court may use the modified approach only to determine which alternative element in a divisible statute formed the basis of the defendant’s conviction and may not rely on the underlying facts of the offense beyond the extent to which they help the court identify which elements of the statute were at issue in the prior conviction.”
1 later decision quote this exact passage · from the majority“Sentencing errors are harmless where this court is convinced that the 'error at sentencing did not cause the defendant to receive a more severe sentence' than would have existed without the error.”
1 later decision quote this exact passage · from the majority“production, possession, receipt, mailing, sale, distribution, shipment, or transportation”
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.