United States v. Console’s Empirical Analysis
13 F.3d 641 · 1993
Citation profile
100 federal appellate · 20 district · 19 state decisions
How this case has been cited
Cited by 243 later decisions — most recently December 2024 · most notably State v. Brown (1995), United States v. Bertoli (1994)
100 federal appellate · 20 district · 19 state decisions — followed in 10 states
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. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 28 U.S.C. § 1291
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Chapman v. State of California · Glasser v. United States · Giglio v. United States · Burks v. United States
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 243 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the existence of an enterprise affecting interstate commerce; (2) that the defendant was employed by or associated with the enterprise; (3) that the defendant participated in, either directly or indirectly, in the conduct or the affairs of the enterprise; and (4) that he or she participated through a pattern of racketeering activity.”
5 later decisions quote this exact passage · from the majority“a memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, ..., unless the source of the information or the method or circumstances of preparation indicate lack of trustworthiness. 7”
4 later decisions quote this exact passage · from the majority“In United States v. Turkette, 452 U.S. 576, 583 , 101 S.Ct. 2524 , 69 L.Ed.2d 246 (1981), the Supreme Court stated that an enterprise “is an entity separate and apart from the pattern of activity in which it engages,” and that it is “proved by evidence of an ongoing organization, formal or informal, and by evidence that the various associates function as a continuing unit.” In United States v. Riccobene, 709 F.2d 214, 222 (3d Cir.[1983]), cert. denied, 464 U.S. 849 , 104 S.Ct. 157 , 78 L.Ed.2d 145 (1983), “we construed Turkette to require proof of each of the three sub-elements referred to by the Court in this passage”: (1) proof of an ongoing organization, (2) proof that the associates function as a continuing unit, and (3) proof that the enterprise is an “entity separate and apart from the pattern of activity in which it engages.” United States v. Pelullo, 964 F.2d 193, 211 (3d Cir.1992) (citing Riccobene, 709 F.2d at 221-24 ).”
2 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.