Powell v. United States’s Empirical Analysis
410 F.2d 710 · 1969
Citation profile
37 federal appellate ·
How this case has been cited
Cited by 38 later decisions — most recently April 1986 · most notably The United States v. Shirl F. Kapp, Ronald Klinger, Robert Lewis, Robert Miller and Paul Briggs. Appeal of Paul Briggs (1986), United States v. Thornley (1983)
37 federal appellate ·
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. § 2313
Relies on Glasser v. United States · McNally v. Hill · Murphy v. Houma Well Service · Odom v. United States · Schwachter 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“« * * * it is recognized that the interstate movement of a car does not necessarily cease when the car stops and transportation of it into the other state ends. The sale thereafter may be an incident to the theft and transportation and so tied up with it as to constitute the final step of a continuous unlawful scheme. McNally v. Hill, 3 Cir., 69 F.2d 38 ; Id., 293 U.S. 131 , 135, 55 S.Ct. 24 , 79 L.Ed. 238 . But its character of being a part of interstate commerce does not continue indefinitely after its transportation ends. After a period of time and depending upon what is done with the car, it may no longer be correct to treat it as moving in interstate commerce. Grimsley v. United States, 5 Cir., 50 F.2d 509 ; Davidson v. United States, 8 Cir., 61 F.2d 250 , 255. The acquisition of the car and later sale of it by a person who is in no way connected with the theft and transportation may be under such circumstances as to terminate its interstate character. It is a question of fact under the surrounding circumstances in each particular case. Being a question of fact it is for the jury to determine. Parsons v. United States, 5 Cir., 188 F.2d 878 ; United States v. Gol-lin, 3 Cir., 166 F.2d 123 , certiorari denied 333 U.S. 875 , 68 S.Ct. 905 , 92 L.Ed. 1151 ; Seefeldt v. United States, 10 Cir., 183 F.2d 713 , 715.””
1 later decision quote this exact passage · from the majority“receives, conceals, stores, barters, sells, or disposes of”
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.