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← 763 F.2d 1328 - United States v. Carcaise

United States v. Carcaise’s Empirical Analysis

763 F.2d 1328 · 1985

Citation profile

52
cited by 52 later decisions
6
states following
November 2013
most recently cited

39 federal appellate · 1 district · 7 state decisions

How this case has been cited

Cited by 52 later decisions — most recently November 2013 · most notably United States v. Cresta (1987), United States v. Gore (1998)

39 federal appellate · 1 district · 7 state decisions

2901985199020002010decided

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. § 844 (§ 404 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)

Relies on Glasser v. United States · Blockburger v. United States · Bonner v. City of Prichard · Atlantic Richfield Co. v. Newman Oil Co. · United States v. Security Industrial Bank

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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where there is separate evidence of the two offenses, the offenses have not merged ... As to the sentences involving Carcaise’s possession with intent to distribute diazepam, and the actual distribution of diazepam, there is an abundance of evidence to show that Carcaise possessed diazepam prior to distributing it. Carcaise admitted that he had diazep-am in a warehouse prior to distributing it on March 22 and March 25, 1983.”
    1 later decision quote this exact passage
  2. “`different evidence' test takes its lead from the Supreme Court's decision in Blockburger .”
    1 later decision quote this exact passage
  3. “[w]here there is separate evidence of the two offenses, the offenses have not merged”
    1 later decision quote this exact passage

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.