In re Colon’s Empirical Analysis
826 F.3d 1301 · 2016
Citation profile
9 federal appellate ·
Relationships
Applies 18 U.S.C. § 1951 (Hobbs Act) · 18 U.S.C. § 2 · 18 U.S.C. § 924 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Bailey v. United States · 135 S. Ct. 2551 - Johnson v. United States · Welch v. United States · 134 S. Ct. 1240 - Rosemond v. United States · Jordan v. Secretary
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Aiding and abetting, under 18 U.S.C. § 2 , is not a separate federal crime, but rather an alternative charge that permits one to be found guilty as a principal for aiding or procuring someone else to commit the offense. A person who aids, abets, counsels, commands, induces or procures the commission of an offense is punishable as a principal. Indeed, under § 2, the acts of the principal become those of the aider and abettor as a matter of law. Nothing in the language of § 924(c)(1) indicates that Congress intended to vitiate ordinary principles of aiding and abetting liability for purposes of sentencing under that subsection. This Court has held that a companion substantive Hobbs Act robbery conviction qualifies as a "crime of violence" under the use-of-force clause in § 924(c)(3)(A). Because an aider and abettor is responsible for the acts of the principal as a matter of law, an aider and abettor of a Hobbs Act robbery necessarily commits all the elements of a principal Hobbs Act robbery. And because the substantive offense of Hobbs Act robbery has as an element the use, attempted use, or threatened use of physical force against the person or property of another, ... then an aider and abettor of a Hobbs Act robbery necessarily commits a crime that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”
4 later decisions quote this exact passage“the parties continue to dispute whether Welch's strong-arm robbery conviction qualifies as a violent felony under the elements clause of the Act, which would make Welch eligible for a 15-year sentence regardless of Johnson.”
2 later decisions quote this exact passage“Deciding the merits of not-yet-filed § 2255 motions in this way is especially dangerous in cases like Mr. Colon's that turn on a complex question of first impression.”
2 later decisions quote this exact passage · from the concurrencee.g. In re Williams · U.S. v. St. Hubert
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.