United States v. Gavin’s Empirical Analysis
959 F.2d 788 · 1992
Citation profile
15 federal appellate · 1 district ·
How this case has been cited
Cited by 31 later decisions — most recently April 2019 · most notably United States v. Castillo (1998), United States v. Wills (1996)
15 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. § 2242 · 18 U.S.C. § 2243 · 18 U.S.C. § 2244 · 18 U.S.C. § 2245 (§ 60010 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 3509
Relies on Batson v. Kentucky · Schmuck v. United States · Foy v. Northeast Suburban Life · Conway v. Statesman Mortgage Co. · Duckworth v. Eagan
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.
“eaus[ing] another person to engage in a sexual act by means of express or implied threats or placing another in fear (other than by threats of, or placing in fear of, harm described in proposed section 2241(a)(2)). The requirement of force may be satisfied by a showing that the threat or intimidation created in the victim’s mind an apprehension or fear of harm to self or others.”
1 later decision quote this exact passage · from the majority“A reasonable construction of section 2242(1) is that it encompasses all fears of harm to oneself or another other than death, serious bodily injury or kidnapping. A person of ordinary intelligence would understand the kind of fear the statute prohibits is fear of harm to self or others. The possible range of “harm,” like the possible range of “fear,” is very large.”
1 later decision quote this exact passage · from the majority“knowingly ... cause[ ] another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnaping); ....”
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.