Rocco Salvatore Lupino v. United States of America. John Frank Azzone v. United States’s Empirical Analysis

Citation profile

9 federal appellate · 8 district · 4 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Sec. 1073 was part of the anti-racketeering legislation passed by the 73d Congress (1934). It was intended to enable federal agencies to go into action against criminals who ‘flee from the scene of the crime beyond the jurisdiction of the State wherein the crime is committed and eventually escape punishment entirely.’ The construction of Sec. 1073 which appellants offer, would serve in great measure to frustrate the federal law enforcement agencies by preventing them from going into action promptly, and it would set a premium on a quick get-away across State lines by the criminal who committed one of the crimes of violence listed in Sec. 1073.””

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

2. “An analysis of Sec. 1073 does not support any such narrow and strained construction. The words “to avoid prosecution” mean “to avoid being prosecuted.” The statute does not say “to avoid a pending prosecution.” Nor is the word “charged” used in the first half of § 1073 in relation to the flight “to avoid prosecution”; but it is used, quite naturally, in the second half of Sec. 1073 in relation to flight “to avoid giving testimony.” The two are separate crimes. The latter requires some pending criminal proceeding. The former does not. It is sufficient if the fleeing felon is “subject to prosecution.””

   1 later decision quote this exact passage · from the majority
   e.g. 785 F. Supp. 1214 - United States v. McKinney

3. ““Whoever moves or travels in interstate * * * commerce with intent * * * to avoid prosecution, * * * under the laws of the place from which he flees, for a crime, * * * which is a felony under the laws of the place from which the fugitive flees, * * * shall be fined not more than $5,000 or imprisoned not more than five years, or both.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Miller