Van Der Hule v. Holder’s Empirical Analysis
759 F.3d 1043 · 2014
Citation profile
2 federal appellate · 1 district · 2 state decisions
Relationships
Applies 18 U.S.C. § 921 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 925A (§ 104 of the Brady Handgun Violence Prevention Act)
Relies on District of Columbia v. Heller · Begay v. United States · Leocal v. Ashcroft · Lewis v. United States · Bifulco 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(g) It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; [[Image here]] to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
2 later decisions quote this exact passage · from the majority“[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction.”
2 later decisions quote this exact passage · from the majority“1. Use state law to determine whether the defendant has a “conviction.” If not, the defendant is not guilty. If so, go to step 2. 2. Determine whether the conviction was expunged, set aside, the defendant was pardoned, or the defendant’s civil rights were restored. If not, the conviction stands. If so, go to step 3. 3. Determine whether the pardon, ex-pungement, or restoration of civil rights expressly provides that the defendant may not ship, transport, possess, or receive firearms. If so, the conviction stands. If not, the defendant is not guilty.”
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.