United States v. Bailey’s Empirical Analysis
41 F.3d 413 · 1994
Citation profile
21 federal appellate · 3 state decisions
How this case has been cited
Cited by 35 later decisions — most recently July 2016 · most notably United States v. Sepulveda (1997), United States v. Ashe (1995)
21 federal appellate · 3 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. § 1029 · 18 U.S.C. § 2512 (Electronic Communications Privacy Act of 1986) · 28 U.S.C. § 1291
Relies on Lane v. Peterson · Adair v. United States · Rufo v. Inmates of the Suffolk County Jail · Anderson v. United States · Quality Inns International, Inc. v. L.B.H. Associates Ltd. Partnership
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it seems unlikely that Congress was worried about the literal numbers on a ledger; instead, the purpose of the statute is to deal with the abuse of new technologies that increasingly allow individuals and businesses access to goods and services without immediate payment by cash or familiar, paper instruments. When the statute refers to ‘account access,’ it evidently means access to the privileges permitted by virtue of the maintenance of an account.... In other words, an account is a contractual-relationship that makes possible the provision of goods, services, or money based on payment, or the expectation of payment, at some later point in time, as described by the entry of credits and debits in a formal record.”
1 later decision quote this exact passage · from the majority“an account is a contractual relationship that makes possible the provision of goods, services, or money based on payment, or the expectation of payment, at some later point in time, as described by the entry of credits and debits in a formal record.”
1 later decision quote this exact passage · from the majority“fool[ed] the local network into permitting calls placed by those phones to be completed 28 ... even though the call could never be billed”
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.