Marinelarena v. Sessions’s Empirical Analysis
869 F.3d 780 · 2017
Citation profile
2 federal appellate ·
Relationships
Applies 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 21 U.S.C. § 812 (§ 202 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. § 1182 (§ 212 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. § 1229A (§ 240 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. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Apprendi v. New Jersey · Taylor v. United States · Shepard v. United States · Pullman-Standard v. Swint · Barron v. Ashcroft
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]lthough the modified categorical approach ... involves some strictly legal issues[,] ... the inquiry into which part of a divisible statute underlies the petitioner's crime of conviction is, if not factual, at least a mixed question of law and fact.”
2 later decisions quote this exact passage · from the majority“Id. at 191, 127 S.Ct. 815 (emphasis added) (quoting Nijhawan v. Holder , 557 U.S. 29 , 35, 129 S.Ct. 2294 , 174 L.Ed.2d 22 (2009) ). The Court labeled this inquiry as a whole the”
1 later decision quote this exact passage · from the dissente.g. Marinelarena v. Barr“Garcia-Santana held that Nevada's conspiracy statute, Nev. Rev. Stat. § 199.480 , is overbroad because it does not contain, as an element, an overt act”
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.