United States v. Mitchell’s Empirical Analysis
353 F.3d 552 · 2003
Citation profile
25 federal appellate · 3 state decisions
Relationships
Applies 18 U.S.C. § 2423 (White-Slave Traffic Act of 1910 (Mann Act))
Relies on Stinson v. United States · United States v. Feola · Christopher Artuz Superintendent Green Haven Correctional Facility v. Tony Bruce Bennett · New England Power Company v. New Hampshire Massachusetts · 155 Ill. 2d 402 - In Re Estate of Hoover
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'A screen name is an appellation used to identify oneself in a chat room or when sending instant messages to another computer user. Although it can be the user’s real name, it is more often a pseudonym.’ ” Id. at 776, fn. 1 , quoting United States v. Mitchell (C.A.7, 2003), 353 F.3d 552, 554, fn. 3 . 3 . The conversation contains various abbreviations and typographical errors. For the sake of clarity, we have not inserted”
3 later decisions quote this exact passage · from the dissent“The definition of “unduly” is “without due cause or justification; without proper regard to right and wrong; unrightfully, improperly.” The definition of “influence” is “to exert influence upon, to affect by influence;” “to affect the mind or action of.” Oxford English Dictionary, http://dictionary.oed.com/. The dictionary definition of “undue influence” suggests, by its reference to affecting the mind or action of another, that there must be an actual person who is affected in some way. An undercover law enforcement officer who is not at all persuaded in thought or in deed, therefore, cannot be “unduly influenced.” Thus, the plain language of § 2A3.2(b)(2)(B) indicates that the two level enhancement should not be available in cases involving undercover agents rather than actual minors. While it is true that the Guidelines specifically define victim to include undercover agents posing as underage children for purposes of interpreting the language of § 2A3.2, this definition should not apply in provisions in which such a definition does not make sense. Section 2A3.2(b)(2)(B) is not the only section of § 2A3.2 in which interpreting “victim” to include an undercover agent would require a distorted or illogical reading of the Guidelines; § 2A3.2(b)(l) provides for a two level enhancement where the victim “was in the custody, care, or supervisory control of the defendant.” Although ostensibly the Guideline definition of victim applies to this subsection as well, it is impossible t”
1 later decision quote this exact passage · from the dissent“A chat room is a place on the world wide web where Internet users with common interests can sign on to communicate in real time. Generally, when users enter a chat room they see a list of other persons (usually known by pseudonyms) who have also signed on to the chat room site. To `chat,' users type a message which can be seen almost immediately by all of the other persons `present' in the chat room. They may, in turn, respond.”
1 later decision quote this exact passage · from the dissent
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.