United States v. Ciccone’s Empirical Analysis

Citation profile

23 federal appellate · 2 district ·

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

1. “The government violates the Due Process Clause when it fails to disclose material favorable evidence. Brady, 373 U.S. 83 , 83 S.Ct. 1194 . The Brady rule applies to both exculpatory and impeachment evidence. Bagley, 473 U.S. at 676, 105 S.Ct. 3375 . Evidence is material “only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Id. at 682, 105 S.Ct. 3375 ; see also Kyles v. Whitley, 514 U.S. 419 , 433-34, 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995). Thus, the Supreme Court has explained that “[t]here are three components of a true Brady violation: The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.” Strickler v. Greene, 527 U.S. 263 , 281-82, 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999). We must determine whether the evidence was material based on the cumulative impact of all the evidence the government suppressed. Kyles, 514 U.S. at 436-38 , 115 S.Ct. 1555 .”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Zuno-Arce · United States v. Acosta

2. “The defendant need not personally have mailed the letter or made the telephone call; the offense may be established where one acts with the knowledge that the prohibited actions will follow in the ordinary course of business or where the prohibited acts can reasonably be foreseen.”

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

3. “The district court did not clearly err when it determined that the victims were vulnerable because they were repeatedly targeted for further fraudulent solicitations.”

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