United States v. Markowski’s Empirical Analysis
772 F.2d 358 · 1985
Citation profile
116 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 131 later decisions (2 by the Supreme Court) — most recently February 2012 · most notably Richardson v. United States (1999), United States v. Moya-Gomez (1988)
116 federal appellate · 1 district · 3 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 18 U.S.C. § 1952 · 18 U.S.C. § 2 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)
Relies on Sedima Sprl v. Imrex Company Inc · United States v. United States Gypsum Co. · Michel v. United States · Garrett v. United States · Commodity Futures Trading Commission v. Weintraub
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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a predicate offense violating a specified drug law (2) as part of a "continuing series” of drug violations (3) that occurred while the defendant was acting in concert with five or more people (4) to whom the defendant occupied the position of an organizer or manager and from which series the defendant (5) obtained substantial income or resources.”
3 later decisions quote this exact passage · from the majority“The language of § 848(b)(2) refers to a “continuing series of violations” of the drug laws but does not define “violation.” Several courts have understood “violation” to refer to an offense, whether or not the offense led to conviction. See [cases cited above]. As the Supreme Court emphasized in Garrett, 105 S.Ct. at 2412-15 [Garrett v. U.S., — U.S. —, 105 S.Ct. 2407 (1985) ], the CCE statute is not a sentence enhancement provision or an aggravated version of an offense. It is a distinct crime that entails the supervision of a substantial criminal enterprise. What is important is proof that there was indeed a far-flung operation. Whether this has led to other convictions is all but irrelevant to the nature of the CCE offense. This leads us to interpret “violation” in the natural way as an offense, not as a conviction. The structure of the statute reinforces the conclusion. The penalty provision in § 848(a) provides for additional enhancement in the event of multiple convictions: “any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 10 years ..., to a fine of not more than $100,000, and to ... forfeiture ...; except that if any person engages in such activity after one or more prior convictions of him under this section, he shall be sentenced to a term of imprisonment which may not be less than 20 years ...” (emphasis added). Subsection (b), in contrast, refers only to “violations”. We do not think t”
2 later decisions quote this exact passage · from the majority“state[ ] distinctly the matter to which he objects and the grounds of his objection.”
2 later decisions 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.