United States v. Manning’s Empirical Analysis
142 F.3d 336 · 1998
Citation profile
29 federal appellate ·
How this case has been cited
Cited by 51 later decisions — most recently September 2018 · most notably United States v. Prince (2000), United States v. Maliszewski (1998)
29 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 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Stirone v. United States · Calder v. Job · Newland v. Georgia · Contemporary Mission, Inc. v. United States · Planned Parenthood of Southeastern Pennsylvania v. Casey
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'the terms of the indictment are in effect altered by the presentation of evidence and jury instructions which so modify essential elements of an offense charged that there is a substantial likelihood that the defendant may have been convicted of an offense other than that charged in the indictment.'”
6 later decisions quote this exact passage · from the majority“A variance occurs when the charging terms [of the indictment] are unchanged, but the evidence at trial proves facts materially different from those alleged in the indictment.... In order to obtain reversal of a conviction because of a variance between the indictment and the evidence produced at trial, a two-prong test must be satisfied: (1) the variance must be demonstrated; and (2) the variance must affect some substantial right of the defendant.”
1 later decision quote this exact passage · from the majority“A variance crosses the constructive amendment line only when the variance creates 'a substantial likelihood' that a defendant may have been convicted of an offense other than that charged by the grand jury”
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.