Case Citator › United States v. Simmons

United States v. Simmons

Is it still good law? What later courts have actually done to this case.

Good law
Court
Fourth Circuit
Citation
649 F.3d 237
Decided
Confirmed treatments
0
Flagged citations read
101 of 101
Citing cases (total)
463
Good law
Every flagged citation to this case has been read, and none of them overrules, limits, or questions it. United States v. Simmons remains good law: all 101 flagged citations have been read, and none adversely treated the decision. The flagged language overwhelmingly reported Simmons as the en banc decision that overruled United States v. Harp and related hypothetical-offender precedent; those passages identify Simmons as the treating actor, not the target.
More on how this was screened

Later opinions applied Simmons's individualized maximum-punishment rule or addressed only whether a Simmons claim could proceed through a particular collateral-review mechanism. United States v. Blue expressly left open whether Simmons applies under Federal Rule of Evidence 609 because the proponent failed to prove the conviction's maximum punishment under either approach; reserving that issue produced no limiting holding. The substantive panel opinions in United States v. Surratt and United States v. Whiteside were vacated for en banc review, and the later Surratt appeal was dismissed as moot. Four duplicate copies of citing opinions were read and do not affect the finding.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

463 later cases cite United States v. Simmons; 101 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Simmons?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

No reviewed court has overruled or limited this case.

Every one of the 101 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.

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