United States v. Viola’s Empirical Analysis
35 F.3d 37 · 1994
Citation profile
129 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 202 later decisions — most recently May 2025 · most notably Norton v. Sam's Club (1998), United States v. Gonzalez-Huerta (2005)
129 federal appellate · 3 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. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 659
Relies on United States v. Olano · Central Bank of Denver Na v. First Interstate Bank of Denver Na K · Reves v. Ernst & Young · United States v. Falcone · Dames & Moore v. Regan
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 202 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the source of plain error is a supervening decision, the defendant has not been derelict in failing to object at trial, and there is thus no cause to shift the burden of proving prejudice to the defendant. In this special context, as in harmless error under Rule 52(a), the government must show that the error did not affect the defendant’s substantial rights.”
8 later decisions quote this exact passage · from the majority“First, there must be “error,” or deviation from a legal rule which has not been waived. Second, the error must be “plain,” which at a minimum means “clear under current law.” Third, the plain error must, as the text of Rule 52(b) indicates, “affect[ ] substantial rights,” which normally requires a showing of prejudice.”
7 later decisions quote this exact passage · from the majority“or deviation from a legal rule which has not been waived. Second, the error must be”
5 later decisions quote this exact passage · from the majority
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.