In re Garrett’s Empirical Analysis
908 F.3d 686 · 2018
Citation profile
3 federal appellate ·
Relationships
Applies 18 U.S.C. § 16 · 18 U.S.C. § 2119 · 18 U.S.C. § 924 · 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1101 (§ 101 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Bailey v. United States · 135 S. Ct. 2551 - Johnson v. United States · Welch v. United States · Sessions v. Dimaya · Gray-Bey 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or (2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.”
2 later decisions quote this exact passage · from the majority“neither Johnson nor Dimaya supplies any 'rule of constitutional law'-'new' or old, 'retroactive' or nonretroactive, 'previously unavailable' or otherwise-that can support a vagueness-based challenge to the residual clause of section 924(c).”
1 later decision quote this exact passage · from the concurrence
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.