In re Anderson’s Empirical Analysis

Citation profile

5 federal appellate ·

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

1. “[T]he Supreme Court has granted certiorari in Beckles v. United States, No. 15-8544 [-U.S. --, 136 S.Ct. 2510 , - L.Ed.2d -], 2016 WL 1029080 (U.S. June 27, 2016), a case that presents the question whether the residual clause in § 4B1.2(a)(2) of the Sentencing Guidelines is unconstitutionally vague. We agree that if the Supreme Court holds in Bedeles, which is a § 2255 case, that the § 4B1.2(a)(2) residual clause is unconstitutional, that decision will establish “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” 28 U.S.C. § 2255 (h)(2). If that happens, Anderson will be able to file a new application seeking certification to file a second or successive § 2255 motion based not on Johnson but on Bedeles.”

   2 later decisions quote this exact passage
   e.g. In re Bradford · In re Hammoud

2. “(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.”

   2 later decisions quote this exact passage
   e.g. In re Bradford · In re Hernandez

3. “Baptiste is inconsistent with the statute in a second way. The text of the habeas statute shows that it requires courts to dismiss only claims that were already presented in an actual § 2255 motion, as opposed to a mere request for certification of a successive § 2255 motion. Both § 2244 and § 2254 distinguish between “applications” (which are the § 2254 petitions and § 2255 motions filed in district courts) and “motions” (which are the earlier request for certification filed in a court of appeals). Baptiste assumes that “motion” and “application” mean the same thing, even though Congress carefully distinguished the two. When Congress uses different words in this way, courts must presume those words mean different things.”

   1 later decision quote this exact passage · from the concurrence
   e.g. In re Hernandez