United States v. Brewer’s Empirical Analysis
853 F.2d 1319 · 1988
Citation profile
38 federal appellate · 1 district ·
How this case has been cited
Cited by 50 later decisions (2 by the Supreme Court) — most recently April 2009 · most notably Almendarez-Torres v. United States (1998), United States v. McDougherty (1990)
38 federal appellate · 1 district ·
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. § 111 (Federal Judiciary Protection Act of 2002) · 18 U.S.C. § 1202 · 18 U.S.C. § 1737 · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 3147 (Bail Reform Act of 1984) · 18 U.S.C. § 924 · 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act) · 21 U.S.C. § 849 (§ 409 of the Controlled Substances Act)
Relies on In the Matter of Samuel Winship · United States v. Leon · Sedima Sprl v. Imrex Company Inc · Mullaney v. Wilbur · Patterson v. New York
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“analysis was not intended to be the sole test for measuring whether a sentencing factor becomes an element of the offense. The McMillan Court made it clear that it was unable to lay down a bright line test for such statutes; the result being that the constitutionality of these statutes will necessarily turn on differences in degree. Furthermore, the Court specifically stated that Pennsylvania's act of taking one factor that has always been considered by sentencing courts to bear on punishment and dictate”
2 later decisions quote this exact passage · from the majority“Congressional action in refusing to provide for bifurcated trials in the enacted version of the ACCA again reflects upon Congress' intention not to create a new offense but rather merely to provide for a sentence enhancing provision applicable to recidivist offenders.”
2 later decisions quote this exact passage · from the majority“[p]rior convictions are highly verifiable matters of record....”
2 later decisions 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.