United States v. Minor’s Empirical Analysis
398 F.2d 511 · 1968
Citation profile
39 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently July 1988 · most notably Minor v. United States (1969), United States v. Kelly (1969)
39 federal appellate · 3 district · 2 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.
Appellate journey
Relationships
Applies 26 U.S.C. § 4401 · 26 U.S.C. § 4411 · 26 U.S.C. § 4412 · 26 U.S.C. § 4701 · 26 U.S.C. § 5841 (§ 201 of the Gun Control Act of 1968) · 26 U.S.C. § 5851 (§ 201 of the Gun Control Act of 1968) · 26 U.S.C. § 7852
Relies on Ashwander v. Tennessee Valley Authority · Marchetti v. United States · Grosso v. United States · Gore v. United States · Brown v. Walker
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * Even if we were to assume arguendo that the registration and tax provisions infringe upon the purchaser’s Fifth Amendment rights because order forms are available only to prospective purchasers who have registered under 26 U.S.C. § 4722 and paid the special tax imposed by 26 U.S.C. § 4721 , see 26 U.S.C. § 4705 (f), it hardly follows that a seller, such as Minor, is immune from prosecution for selling to a person who failed to provide the form. We need cite no authority for the principle that the privilege afforded by the Fifth Amendment is personal and that under the circumstances present here a seller cannot benefit from the privilege allegedly available to the buyer.” United States v. Minor, 398 F.2d 511, 513 (2d Cir. 1968).”
1 later decision quote this exact passage · from the majority““[W]hether the Fifth Amendment privilege against self-incrimination affords a defense to a prosecution for selling narcotic drugs without the mandatory written order form required by 26 U.S.C. § 4705 (a).” Id. at 512 .”
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.