United States v. Ailsworth’s Empirical Analysis
138 F.3d 843 · 1998
Citation profile
44 federal appellate · 4 district · 6 state decisions
How this case has been cited
Cited by 92 later decisions — most recently January 2023 · most notably United States v. McVeigh (1998), United States of America v. Dennis McClatchey (2000)
44 federal appellate · 4 district · 6 state decisions
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
Relies on Kotteakos v. United States · Berger v. United States · Ohio Bureau of Employment Services v. Hodory · Allen v. United States · Francis v. Franklin
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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A variance arises when the evidence adduced at trial establishes facts different from those alleged in an indictment.”
3 later decisions quote this exact passage · from the majority“[Unnecessary or irrelevant statements in a verdict form may be disregarded as surplusage.”
2 later decisions quote this exact passage · from the majority“there is no fatal variance where a defendant is convicted upon evidence which tends to show a narrower scheme than that contained in the indictment, provided that the narrower scheme is fully included within the indictment.”
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.