United States v. Rush’s Empirical Analysis
840 F.2d 574 · 1988
Citation profile
57 federal appellate · 3 district ·
Relationships
Applies 18 U.S.C. § 2113 · 18 U.S.C. § 924 · 21 U.S.C. § 849 (§ 409 of the Controlled Substances Act)
Relies on Garrett v. United States · Andrijevic v. Kelleran · Verderber v. Cantello Plumbing Corp. · Regan v. Wald · United States v. Hawkins
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the case of a person who receives, possesses, or transports in commerce or affecting commerce, any firearm and has three previous convictions by any court referred to in paragraph 1 of this subsection for robbery or burglary....”
2 later decisions quote this exact passage · from the concurrence“In 'enhancing' this offense [Sec. 1202(a) ] with H.R. 1627-type sanctions, if the defendant has been convicted three times of robbery or burglary, we are 'enhancing' an existing Federal crime....”
2 later decisions quote this exact passage · from the concurrence“[t]he second sentence of section 1201(a), which constitutes the whole of the Armed Career Criminal provision is evidently a continuation of the preceding sentence, and refers thereto. The first sentence of section 1202(a) ... lists the five classes of persons for whom it is a crime to receive, transport or possess firearms: (1) felons; (2) dishonorable dischargees; (3) mental incompetents; (4) renounced citizens; and (5) illegal aliens. The second sentence specifies one of the preceding classes of persons for different treatment. It does not stand on its own, but as an explanation of the preceding provision. Also, the inclusion of the Armed Career Criminal Act into the same paragraph as the previously enacted 1202(a)(1), with no division into separate numbers or letters suggests treatment of the contents as a single offense.”
1 later decision quote this exact passage · from the concurrence
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.