United States v. Smith’s Empirical Analysis
133 F.3d 737 · 1997
Citation profile
41 federal appellate · 5 district ·
How this case has been cited
Cited by 76 later decisions — most recently April 2021 · most notably United States v. Guadagna (1999), United States v. Summers (2005)
41 federal appellate · 5 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. § 1028 (Identity Theft and Assumption Deterrence Act of 1998) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1343 · 18 U.S.C. § 2 · 18 U.S.C. § 2325 (Senior Citizens Against Marketing Scams Act of 1994) · 18 U.S.C. § 2326 (§ 250002 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 3553 · 18 U.S.C. § 3742
Relies on Jackson v. Virginia · Koon v. United States · Pereira v. United States · Gregory v. Helvering · Stinson 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To be liable as an aider and abettor under 18 U.S.C. 2, the evidence must establish a defendant associated himself with a criminal venture; participated in the venture as something he wished to bring about; sought by his actions to make the venture succeed; and the evidence must establish both the commission of the offense by someone and the aiding and abetting by the defendant.”
2 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 that should result in a sentence different from that described.”
2 later decisions quote this exact passage · from the majority“in the light most favorable to the government to determine whether a reasonable jury could find guilt beyond a reasonable doubt, based on the direct and circumstantial evidence, together with the reasonable inferences to be drawn therefrom.”
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.