United States v. Cree’s Empirical Analysis
915 F.2d 352 · 1990
Citation profile
29 federal appellate ·
Relationships
Applies 18 U.S.C. § 1112
Relies on Nicholas v. United States · Alexander v. United States · McKesson Corp. v. Division of Alcoholic Beverages & Tobacco · United States v. White · United States v. Nunley
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the defendant knew or should have known that a victim of the offense was unusually vulnerable due to age, physical or mental condition, or that a victim was otherwise particularly susceptible to the criminal conduct, increase by 2 levels.”
2 later decisions quote this exact passage“The vulnerability that triggers § 3A1.1 must be an “unusual” vulnerability which is present in only some victims of that type of crime. Otherwise, the defendant’s choice of a likely victim does not show the extra measure of criminal depravity which § 3A1.1 intends to more severely punish.”
1 later decision quote this exact passage“enhancing a defendant's sentence based on victim vulnerability is justified only when a defendant's actions in some way exploited or took advantage of that vulnerability”
1 later decision quote this exact passage
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.