United States v. Davern’s Empirical Analysis
970 F.2d 1490 · 1992
Citation profile
76 federal appellate · 1 district ·
How this case has been cited
Cited by 99 later decisions (1 by the Supreme Court) — most recently August 2014 · most notably United States v. Watts (1997), United States v. Silverman (1992)
76 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
Relies on Morrissey v. Brewer · Mistretta v. United States · Tumey v. State of Ohio · In the Matters of Lee Roy Murchison and John Whites · Mempa v. Rhay
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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law in this Circuit is clear that a base offense level is determined by the amount of drugs included in the defendant's relevant conduct, not just amounts in the offense of conviction or charged in the indictment.”
5 later decisions quote this exact passage · from the majority“that there exists an aggravating or mitigating circumstance of a kind, or to a degree not adequately taken into consideration by the Sentencing Commission in formulating the guidelines.”
4 later decisions quote this exact passage · from the majority“in a drug distribution case, quantities and types of drugs not specified in the count of conviction are to be included in determining the offense level if they were part of a common scheme or plan as the count of conviction.”
3 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.