United States v. Boyd’s Empirical Analysis
885 F.2d 246 · 1989
Citation profile
71 federal appellate · 1 district ·
How this case has been cited
Cited by 83 later decisions — most recently July 2008 · most notably United States v. Walton (1990), United States v. Sullivan (1990)
71 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. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on Atlantic Richfield Co. v. Newman Oil Co. · Stafford v. Oklahoma · Delaware v. New York · Hallstrom v. Tillamook County · Strong v. United States
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is enough that the firearm was present at the drug-trafficking scene, that the weapon could have been used to protect or facilitate the operation, and that the presence of the weapon was in some way connected with the drug trafficking”
4 later decisions quote this exact passage · from the majority“Whoever, during and in relation to any crime of violence or drug trafficking crime ... for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced....”
2 later decisions quote this exact passage · from the majority“[A] mere disparity of sentences among codefendants does not, alone, constitute abuse of discretion, United States v. Atkins, 618 F.2d 366 , 373-74 (5th Cir.1980), and a sentencing court is not required to enunciate the reasons underlying its decision. United States v. Garcia, 617 F.2d 1176 , 1178 (5th Cir.1980). A judge is to be accorded wide discretion in determining an appropriate sentence. Id. He is not obligated to consider codefendants’ sentences when imposing sentence on a defendant. United States v. Lauga, 762 F.2d 1288 , 1291 (5th Cir.1985). A defendant cannot rely upon his codefendants’ sentences as a yard-stick for his own. United States v. Hayes, 589 F.2d 811 , 827 (5th Cir.), cert. denied, 444 U.S. 847 [ 100 S.Ct. 93 , 62 L.Ed.2d 60 ] (1979).”
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.