United States v. Carcaise’s Empirical Analysis
763 F.2d 1328 · 1985
Citation profile
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
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.
“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“`different evidence' test takes its lead from the Supreme Court's decision in Blockburger .”
1 later decision quote this exact passagee.g. Cook v. State“[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.