United States v. Schofer’s Empirical Analysis

Citation profile

20 federal appellate · 3 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The statute's terms indicate that it was not intended to reach such ordinary commercial materials through 'intent' alone. The language implies at minimum the presence of parts 'intended' to 'convert' any 'device' into a destructive device akin to those referred to in Sec. 5845(f) (1) and (2), all of which have definite non-industrial characters. The articles here could be assembled only into the familiar industrial blasting charge; the risk of anti-social use here was not inherent in the articles or in any suitability they had for 'conversion' to a non-industrial weapon or 'mine,' but in the potential perversion of their use. The potential is rather that of the parked motor vehicle that can be made a lethal weapon by perversion of its purpose. Since the statute is aimed at the kind of evil articles it describes, and not at evil perversions of the use of articles of innocent commerce without alteration of their nature or mode of operation, it must be concluded that the articles were not within the statute and that the indictment is ill-founded.”

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Posnjak · 404 F. Supp. 1289 - United States v. Greer

2. “(a) General rule. — No information or evidence obtained from an application, registration, or records required to be submitted or retained by a natural person in order to comply with any provision of this chapter or regulations issued thereunder, shall, except as provided in subsection (b) of this section, be used, directly or indirectly, as evidence against that person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration, or the compiling of the records containing the information or evidence. (h) Furnishing false information. — Subsection (a) of this section shall not preclude the use of any such information or evidence in a prosecution or other action under any applicable provision of law with respect to the furnishing of false information.”

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

3. ““The materials were not assembled for detonation, and the only materials involved were commercial materials. The three types of articles, dynamite, fuse, and caps, are all of a kind generally used for industrial blasting. No additional materials were found or associated with the dynamite, fuse and caps to change their nature or their usual mode of operation in industrial applications.” 310 F.Supp. at 1297 . (emphasis added) The court went on to state: “The statute’s terms indicate that it was not intended to reach such ordinary commercial materials through ‘intent’ alone. . . . The articles here could be assembled only into the familiar industrial blasting charge; . . . Since the statute is aimed at the kind of evil articles it describes, and not at evil perversions of the use of articles of innocent commerce without alteration of their nature or mode of operation, it must be concluded that the articles were not within the statute and that the indictment is ill-founded.” (emphasis added)”

   1 later decision quote this exact passage · from the majority
   e.g. 413 F. Supp. 728 - United States v. Fine