United States v. Herrera’s Empirical Analysis
757 F.2d 144 · 1985
Citation profile
73 federal appellate · 1 state decisions
How this case has been cited
Cited by 83 later decisions — most recently August 2019 · most notably United States v. Moya-Gomez (1988), United States v. Nesbitt (1988)
73 federal appellate · 1 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Jackson v. Virginia · Glasser v. United States · Rawlings v. Kentucky · Stafford v. Oklahoma · Coastal Steel Corp. v. Wheelabrator-Frye, Inc.
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a mere showing of disparity of sentences among co-defendants does not constitute an abuse of discretion.”
6 later decisions quote this exact passage · from the majority“combination or confederation between two or more persons formed for the purpose of committing, by their joint efforts, a criminal act.”
4 later decisions quote this exact passage · from the majority““When determining whether the government had met its burden in proving that the defendant was predisposed to commit the crime, we must view the evidence in the light most favorable to the government and will affirm if any rational trier of fact could have found the requisite predisposition beyond a reasonable doubt.””
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.