Babb v. United States’s Empirical Analysis

Citation profile

107 federal appellate · 3 district · 10 state decisions

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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in-bond” and may be entered by a bonded carrier without assessment or payment of duties. 2 . Title 18 U.S.C. § 545 which reads in part: “Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law ... knowing the same to have been imported or brought into the United States contrary to law — .”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Lespier · United States v. Menon

2. ““There is a vast difference between smuggling, clandestinely introducing, using false or forged documents, etc., on the one hand, and importing, bringing in or receiving, etc., merchandise, since the first manifestly is unlawful and evil per se, while importing, bringing in, receiving, etc., after importation, is not.””

   2 later decisions quote this exact passage · from the majority
   e.g. Huff v. United States · United States v. Register

3. ““Appellant’s co-defendant and alleged co-conspirator, Broussard, a witness for the Government, was permitted to testify over objection that he had plead guilty to all of the counts of the indictment. This was error. This court held in LeRoy v. Government of Canal Zone, 5 Cir., 81 F.2d 914 , that it was error to admit judgments of conviction of two other defendants not on trial. We see no difference between admitting a judgment of conviction and permitting a co-defendant to testify to the same thing. Practically all the decisions now hold that it is error for the court to instruct the jury that they may consider the fact that co-defendants have plead guilty. “Appellant not only objected to Brous-sard’s testimony as to his plea of guilty but requested the court to instruct the jury that they should not consider that fact for any purpose as bearing upon his guilt. We think this charge should have been given. A defendant is entitled to have the question of his guilt determined upon the evidence against him, not on whether a Government witness or co-defendant has plead guilty to the same charge.” (Footnotes omitted)”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Harrell