United States v. Bauer’s Empirical Analysis
990 F.2d 373 · 1993
Citation profile
45 federal appellate · 1 district ·
How this case has been cited
Cited by 53 later decisions — most recently June 2012 · most notably United States v. Shannon (1996), United States v. Austin (2005)
45 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. § 16
Relies on United States v. Rodriguez
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The term “crime of violence” [as used in § 4B1.1] means any offense under federal or state law punishable by imprisonment for a term exceeding one year that— (i) has as an element the use, attempted use, or threatened use of physical force against the person of another, or (ii) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.”
2 later decisions quote this exact passage · from the majority“this type of contact between parties of differing physical and emotional maturity carries `a substantial risk that physical force ... may be used in the course of committing the offense.'”
2 later decisions quote this exact passage · from the majority““All crimes which by their nature involve a substantial risk of physical force share the risk of harm. It matters not one whit whether the risk ultimately causes actual harm. Our scrutiny ends upon a finding that the risk of violence is present.” [United States v.] Rodriguez, 979 F.2d [138,] 141 [ (8th Cir.1992) ]; accord United States v. Reyes-Castro, 13 F.3d 377, 379 (10th Cir.1993); see United States v. Bauer, 990 F.2d 373 (8th Cir.1993) (per curiam) (holding that statutory rape is a crime of violence for sentence enhancement purposes).”
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.