United States v. Fleming’s Empirical Analysis
128 F.3d 285 · 1997
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 16 later decisions — most recently September 2014
6 federal appellate ·
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. § 287
Relies on United States v. Moored · United States v. Schneider · United States v. Watkins · United States v. Rice · United States v. Sanders
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Loss Under Subsection (b)(1) * * * (A) General Rule — Subject to the exclusions in subdivision (D) [interest, late fees, cost of investigation and prosecution], loss is the greater of actual loss or intended loss. (i) Actual Loss — “Actual loss” means the reasonably foreseeable pecuniary harm that resulted from the offense. (ii) Intended Loss — “Intended loss” (I) means the pecuniary harm that was intended to result from the offense; and (II) includes intended pecuniary harm that would have been impossible or unlikely to occur (e.g., as in a government sting operation, or an insurance fraud in which the claim exceeded the insured value). $ ^ $ :¡í ^ (C) Estimation of Loss. — The court need only make a reasonable estimate of the loss. The sentencing judge is in a unique position to assess the evidence and estimate the loss based upon that evidence. For this reason, the court’s loss determination is entitled to appropriate deference. See 18 U.S.C. § 3742 (e) and (f).”
1 later decision quote this exact passage · from the majority“in which the total intended loss bore no relation to 'economic reality' ... because ... the plan had no chance of success.”
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.