Harbin v. Sessions’s Empirical Analysis
860 F.3d 58 · 2017
Citation profile
9 federal appellate ·
Relationships
Applies 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1158 (§ 208 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1231 (§ 241 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Descamps v. United States · Xiu Xia Lin v. Mukasey · 195 L. Ed. 2d 604 - Mathis v. United States · Wangchuck v. Department of Homeland Security · Moncrieffe v. Holder
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]lthough the instructions include a blank with the word 'specify' in it, allowing a judge to name the substances at issue in the case, the instructions do not say it is impermissible to identify more than one substance.”
2 later decisions quote this exact passage · from the majority“if the judge may allow the jurors a choice between different substances, the statute does not create separate crimes-it creates separate means of committing the same crime.”
2 later decisions quote this exact passage · from the majority“carries the same penalties for each violation ... each controlled substance is a mere 'means' of violating the statute, not a separate alternative element.”
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.