United States v. Smith’s Empirical Analysis
373 F.3d 561 · 2004
Citation profile
8 federal appellate · 10 district ·
How this case has been cited
Cited by 31 later decisions (1 by the Supreme Court) — most recently March 2025 · most notably 643 F. Supp. 2d 51 - United States v. Sunia (2009), United States v. Perry (2014)
8 federal appellate · 10 district ·
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.
Appellate journey
Relationships
Applies 18 U.S.C. § 1344 · 18 U.S.C. § 3282 · 18 U.S.C. § 641 (Livestock Fraud Protection Act) · 18 U.S.C. § 656 · 18 U.S.C. § 666 · 29 U.S.C. § 501
Relies on Morissette v. United States · United States v. Bailey · Toussie v. United States · Moore v. United States · United States v. Stockton
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“at least in those cases where the defendant created a recurring, automatic scheme of embezzlement under section 641 by conversion of funds voluntarily placed in the defendant's possession by the government,”
3 later decisions quote this exact passage · from the majority“The record indicates that some of [the defendant]'s conduct [allegedly in violation of § 641 ] occurred within the applicable limitations period .... The government would be able to obtain a superseding indictment charging that conduct.”
1 later decision quote this exact passage · from the dissent“[w]hile embezzlement is sustained by the diversion of a single sum of money at a particular time, in many cases it runs for a long period of time and consists of converting different sums of money on many dates to the use of the thief.”
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.