United States v. Simmons’s Empirical Analysis
154 F.3d 765 · 1998
Citation profile
32 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 48 later decisions — most recently November 2021 · most notably United States v. Edwards (2002), Prost v. Anderson (2011)
32 federal appellate · 2 district · 1 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 Pinkerton v. United States · Russello v. United States · Mullins Coal Co. v. Director, Office of Workers' Compensation Programs · Penn v. Parke State Bank · United States v. Dion
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The legislative history of the 1984 amendments to RICO states that “the term ‘proceeds’ has been used in lieu of the term ‘profits’ in order to alleviate the unreasonable burden on the government of proving net profits. It should not be necessary for the prosecutor to prove what the defendant’s overhead expenses were.” ... These statements indicate that Congress meant the word “proceeds” to be read more broadly than merely “profits.” ... In addition, Congress has explicitly directed that RICO “shall be liberally construed to effectuate its remedial purposes.” ... Reading the word “proceeds” broadly has the benefit of punishing, through RICO’s forfeiture provisions, all convicted criminals who receive income from illegal activity, and not merely those whose criminal activity turns a profit.”
2 later decisions quote this exact passage · from the majority“the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.”
1 later decision quote this exact passage · from the majority“any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity....”
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.