United States v. McBride’s Empirical Analysis
362 F.3d 360 · 2004
Citation profile
30 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 73 later decisions — most recently April 2022 · most notably United States v. McBride (2006), United States ex rel. A+ Homecare, Inc. v. Medshares Management Group, Inc. (2005)
30 federal appellate · 5 district · 5 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. § 1503 · 18 U.S.C. § 157 · 18 U.S.C. § 287 · 26 U.S.C. § 7212 · 31 U.S.C. § 3729 (False Claims Act)
Relies on Faretta v. California · McKaskle v. Wiggins · United States v. Miller · United States v. McDowell · United States v. Unger
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Very generally, the model inquiry is thirteen questions about the defendant’s familiarity with the law and legal system, and the charges against him. This inquiry must be followed by a strong admonishment that the court recommends against the defendant trying to represent himself or herself. Additionally, the district court must make a finding that the defendant has knowingly and voluntarily waived his or her right to counsel.”
1 later decision quote this exact passage · from the majority““Intended loss” (I) means the pecuniary harm that was intended to result from the offense; and (II) includes intended pecuniary harm that would have been impossible or unlikely to occur (e.g., as in a government sting operation, or an insurance fraud in which the claim exceeded the insured value).”
1 later decision quote this exact passage · from the majority“[T]he Constitution does not force a lawyer upon a defendant. He may waive his Constitutional right to assistance of counsel if he knows what he is doing and his choice is made with eyes open.”
1 later decision 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.