Sanders v. United States’s Empirical Analysis
415 F.2d 621 · 1969
Citation profile
68 federal appellate · 17 state decisions
How this case has been cited
Cited by 93 later decisions — most recently January 2019 · most notably United States v. Polizzi (1974), United States v. Frost (1997)
68 federal appellate · 17 state decisions — followed in 14 states
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 15 U.S.C. § 77E (§ 5 of the Securities Act of 1933) · 15 U.S.C. § 77Q (§ 17 of the Securities Act of 1933) · 15 U.S.C. § 77V (§ 22 of the Securities Act of 1933) · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 3237 · 18 U.S.C. § 371
Relies on Kotteakos v. United States · Berger v. United States · Benton v. Maryland · Pinkerton v. United States · Pereira 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We consider now appellant's contention that it was error to sentence him to successive sentences on counts involving essentially the same evidence. * * * On each of the eleven securities fraud counts he was sentenced to five years imprisonment, these eleven sentences to run concurrently with one another. On each of the eleven mail fraud counts he was likewise sentenced to five years imprisonment, these eleven separate sentences to run concurrently as among themselves but consecutively to the five year term imposed on the securities fraud counts. * * * It is settled that each separate use of the mails in the execution of a scheme to defraud constitutes a separate offense. (Citing cases.) And it has long been settled that consecutive sentences may be imposed for the violation of a criminal statute and for conspiracy to violate it. (Citing cases.) * * * [T]he proper construction of 15 USCA 77g(a) is that each fraudulent offer or sale of any security accompanied by mailing or use of any means or instruments of transportation or communication in interstate commerce is a separate crime. (Citing cases.)"”
2 later decisions quote this exact passage · from the majority“[t]he fact that the jury contrary to the instructions of the court volunteered to the court the extent of their division and which way they stood is no reason why the court should be precluded from giving an otherwise proper Allen charge.”
2 later decisions quote this exact passage · from the majority“". . . As this court said in Thaggard v. United States, 354 F.2d 735, at 739 (5th Cir. 1966), the Allen charge `so long as it makes plain to the jury that each member of the jury has a duty conscientiously to adhere to his own honest opinion and avoids creating the impression that there is anything improper, questionable, or contrary to good conscience for a juror to cause a mistrial * * * is still a permissible charge to be given in proper circumstances in this Circuit.' The charge here complained of cannot be faulted as to any of these criteria. In fact the complaint sometimes leveled at the Allen charge, namely, that it contains no admonition that the majority re-examine its position, see United States v. Fioravanti, 3d Cir. 1969, 412 F.2d 407 [June 16, 1969], does not apply here because the trial court knowing how the jury stood varied the orthodox charge so that one sentence reads as follows: `On the other hand, if a majority, or even a lesser number of you, are for acquittal, other jurors ought seriously to ask themselves, again, whether they do not have reason to doubt the correctness of a judgment which is not concurred in by many of their fellow jurors, and whether they should not discuss the weight or sufficiency of the evidence which fails to convince the minds of several of their fellows to a moral certainty and beyond a reasonable doubt.'"”
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.