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← 90 F.3d 1110 - United States v. Elder

United States v. Elder’s Empirical Analysis

90 F.3d 1110 · 1996

Citation profile

226
cited by 226 later decisions
5
states following
June 2023
most recently cited

106 federal appellate · 4 district · 5 state decisions

How this case has been cited

Cited by 226 later decisions — most recently June 2023 · most notably United States v. Frost (1997), United States of America v. Anthony Gibbs Richard Hough Donneto Berry Chad Gibbs Robert Curtis Lamont Needum Antwan Woods (1999)

106 federal appellate · 4 district · 5 state decisions

11501996200020102020decided

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

Relies on Jackson v. Virginia · Bailey v. United States · Zafiro v. United States · Bibby v. United States · Daniel v. Security Pacific National Bank

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 226 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[I]ssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”
    11 later decisions quote this exact passage · from the majority
  2. “[T]he Court finds that within the meaning of 2Dl.l(b)(l), a dangerous weapon was possessed.... [T]he adjustment should be applied if the weapon was present unless it is clearly improbable that the weapon was connected with the offense. Here, it is not clearly improbable that the weapon was connected with the offense, and in fact, it is highly probable that it was. While Mr. McDowell in some way may have convinced himself that he had the weapon for protection, clearly the reason Mr. McDowell so badly needed the sort of protection that would be provided by this loaded weapon ... is because of the high risk, high possibility of violent behavior he was engaging in selling drugs. Obviously, that posed a substantially greater risk to his own safety than if he had been engaging in entirely legal activity, and he also had a need to protect the drugs themselves and also the money that represented the proceeds of drug sales. The weapon was found in cost [sic ] proximity to both drugs and money at a location easily accessible to Mr. McDowell and ready for him to use for whatever purpose. There has been no other reason suggested that Mr. McDowell might have been so in need of personal protection that he would have had a weapon of this type in his residence in the location in which it was.”
    6 later decisions quote this exact passage · from the majority
  3. “whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”
    4 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.