Becht v. United States’s Empirical Analysis
403 F.3d 541 · 2005
Citation profile
21 federal appellate · 4 district · 6 state decisions
How this case has been cited
Cited by 47 later decisions — most recently July 2023 · most notably Owens v. United States (2007), Guilmette v. Howes (2010)
21 federal appellate · 4 district · 6 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. § 2252A (§ 101 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2256 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Delaware v. Van Arsdall · Teague v. Lane · Arizona v. Fulminante · Neder v. United States
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although these cases did not arise in the context of a jury instructed on multiple theories of guilt, one of which is improper, nothing in them suggests that a different harmless-error analysis should govern in that particular context. ... [¶] In fact, drawing a distinction between alternative-theory error and the instructional errors in [several cases including Neder ] would be 'patently illogical,' given that such a distinction ' "reduces to the strange claim that, because the jury ... received both a 'good' charge and a 'bad' charge on the issue, the error was somehow more pernicious than ... where the only charge on the critical issue was a mistaken one.”
1 later decision quote this exact passage · from the majority“The standard for prejudice under Strickland is virtually identical to the showing required to establish that a defendant's substantial rights were affected under plain error analysis.”) (citing Becht v. United States, 403 F.3d 541, 549 (8th Cir. 2005), cert. denied, 546 U.S. 1177 , 126 S.Ct. 1346 , 164 L.Ed.2d 59 (2006); accord United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004); but see United States v. Bono, 26 M.J. 240 , 242 n.2 (C.M.A. 1988) (”
1 later decision quote this exact passage · from the majority“charge on the issue, the error was somehow more pernicious than in [a high court decision]-where the only charge on the critical issue was a mistaken one. That assertion cannot possibly be right, so it is plainly wrong.' ( Quigley v. Vose (1st Cir. 1987) 834 F.2d 14 , 16 ; accord, Becht v. U.S. (8th Cir. 2005) 403 F.3d 541 , 548 [”
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.