Bennett v. United States’s Empirical Analysis
285 F.2d 567 · 1960
Citation profile
55 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 68 later decisions (1 by the Supreme Court) — most recently February 2019 · most notably United States v. Feola (1975), Carbo v. United States (1963)
55 federal appellate · 2 district · 3 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
Applies 18 U.S.C. § 111 (Federal Judiciary Protection Act of 2002) · 8 U.S.C. § 1357 (§ 287 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on McNabb v. United States · Durland v. United States · Di Carlo v. United States · McNabb v. United States
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both.””
3 later decisions quote this exact passage““Any intentional and unlawful threat or attempt to commit injury upon the person of another, when coupled with an apparent present ability so to do, and an intentional display of force such as to place the victim in reasonable apprehension of immediate bodily harm constitutes an assault. An assault may be committed without actually touching, striking, or committing bodily harm to another.” “Any intentional use of force upon the person of another, which results in unlawful touching of another, constitutes a battery. “Unlawfully, as used in this instruction, means either contrary to law or without legal justification. “Thus a person who, in fact, has the present ability to inflict bodily harm upon another, and willfully threatens or attempts to inflict bodily harm upon such person, may be found guilty of forcibly assaulting such person. “The essential elements required to be proved in order to establish the offense charged in the indictment are, first, the act or acts of forcibly assaulting an agent of the Federal Bureau of Investigation while the agent was engaged in the performance of his official duties as charged; and secondly, doing such act or acts willfully, which means with bad purposes, to disregard the law.””
2 later decisions quote this exact passage““The statute making criminal such acts as those of which he was convicted does not require that the doer of the act have knowledge that the person who is assaulted, resisted, opposed, impeded, intimidated, or interfered with is a federal officer. It merely requires that the act condemned be done in order to establish a violation of the statute, and the provisions of the section apply to ‘whoever’ does the act, whether he does it with knowledge of the character of the person whom he acts against and whatever his intent in so acting.””
2 later decisions quote this exact passage
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.