United States v. Gilliard’s Empirical Analysis
847 F.2d 21 · 1988
Citation profile
59 federal appellate · 6 district · 7 state decisions
How this case has been cited
Cited by 84 later decisions — most recently June 2023 · most notably United States v. Sherbondy (1988), United States v. Ruiz (1990)
59 federal appellate · 6 district · 7 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. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924
Relies on Terry v. Ohio · United States v. Cortez · Solem v. Helm · United States v. Sharpe · Rummel v. Estelle
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purpose of a recidivist statute ... is not to simplify the task of prosecutors, judges or juries. Its primary goals are to deter repeat offenders and, at some point in the life of one who repeatedly commits criminal offenses serious enough to be punished as felonies, to segregate that person from the rest of society for an extended period of time.... Like the fine dividing felony theft from petty larceny, the point at which a recidivist will be deemed to have demonstrated the necessary propensities and the amount of time that the recidivist will be isolated from society are matters largely within the discretion of the punishing jurisdiction.”
1 later decision quote this exact passage · from the majority“[because] firearms are “tools of the trade” [in narcotics trafficking], a very well-founded suspicion of drug activity ..., coupled with [defendant’s] nervous behavior, gave rise to a legitimate and specific concern for personal safety.”
1 later decision quote this exact passage · from the majority“In reviewing the reasonableness of a Terry stop, a court must consider all of the relevant circumstances, which are not to be dissected and viewed singly; rather they must be considered as a whole.”
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.