United States v. Bailey’s Empirical Analysis
419 F.3d 1208 · 2005
Citation profile
1 federal appellate · 2 district · 2 state decisions
Relationships
Applies 18 U.S.C. § 1963 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 983 · 21 U.S.C. § 853 (§ 413 of the Controlled Substances Act) · 21 U.S.C. § 881 (§ 511 of the Controlled Substances Act)
Relies on State Farm Mutual Automobile Insurance v. Campbell · Caplin & Drysdale, Chartered v. United States · United States v. Stowell · United States v. A Parcel of Land Buildings Appurtenances and Improvements Known As 92 Buena Vista Avenue Rumson New Jersey · Confiscation Cases
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“What we take from these cases is that the relation-back doctrine operates retroactively to vest title in the Government effective as of the time of the act giving rise to the forfeiture. That is, it does not “secret[ly]” vest title at the very moment of the act, id., but rather title vests at the time of the court-ordered forfeiture and then relates back to the act.”
1 later decision quote this exact passage · from the concurrence“establish possession or an immediate right to possession of the converted property at the time of the conversion.”
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.