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← 802 F.3d 722 - United States v. Schofield

United States v. Schofield’s Empirical Analysis

802 F.3d 722 · 2015

Citation profile

11
cited by 11 later decisions
2
states following
May 2025
most recently cited

2 federal appellate · 2 state decisions

Relationships

Applies 10 U.S.C. § 951 · 18 U.S.C. § 1470 · 18 U.S.C. § 2252B · 18 U.S.C. § 924 · 42 U.S.C. § 16901 (Adam Walsh Child Protection and Safety Act of 2006) · 42 U.S.C. § 16911 · 42 U.S.C. § 16913

Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Taylor v. United States · Miller v. California · 135 S. Ct. 2551 - Johnson v. United States · Descamps 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(A) An offense (unless committed by a parent or guardian) involving kidnapping. (B) An offense (unless committed by a parent or guardian) involving false imprisonment. (C) Solicitation to engage in sexual conduct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Video voyeurism as described in section 1801 of Title 18. (G) Possession, production, or distribution of child pornography. (H) Criminal sexual conduct involving a minor , or the use of the Internet to facilitate or attempt such conduct. (I) Any conduct that by its nature is a sex offense against a minor.”
    1 later decision quote this exact passage · from the majority
  2. “[W]hen applying the categorical approach, courts “compare the elements of the statute forming the basis of the defendant’s conviction with the elements of the ‘generic’ crime — i.e., the offense as commonly understood” that triggers the sentencing enhancement. “If the [offense of conviction] has the same elements as the ‘generic’ ... crime [in the sentencing enhancement], then the prior conviction can serve as [the] predicate; so too if the statute defines the crime more narrowly, because anyone convicted under that law is ‘necessarily ... guilty of all the [generic crime’s] elements.’ ””
    1 later decision quote this exact passage · from the majority
  3. “[W]hen applying the categorical approach, courts “compare the elements of the statute forming the basis of the defendant’s conviction with the elements of the ‘generic’ crime — ie., the offense as commonly understood” that triggers the sentencing enhancement. “If the [offense of conviction] has the same elements as the ‘generic’ ... crime [in the sentencing enhancement], then the prior conviction can serve as [the] predicate; so too if the statute defines the crime more narrowly, because anyone convicted under that law is ‘necessarily ... guilty of all the [generic crime’s] elements.’ ””
    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.