Clemas v. United States’s Empirical Analysis
423 F.2d 461 · 1970
Citation profile
7 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1915 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Blockburger v. United States · Desist v. United States · Gore v. United States · Morgan v. Devine · Ebeling v. Morgan
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We think it is manifest that Congress in the enactment of these sections intended to describe separate and distinct offenses, ! for in § 190 it is made an offense to steal any mail bag or other property belonging to the Post Office Department, irrespective of whether it was necessary in order to reach the property to forcibly break and enter into a post office building. The offense denounced by that section is complete when the property is stolen, if it belonged to the Post Office Department, , however the larceny be attempted. Section 92 makes it an offense to forcibly : break into or attempt to break into a post office, with intent to commit in such post office a larceny or other depredation. This offense is complete when the post office is forcibly broken into, with intent to steal or commit other depredation. It describes an offense distinct and apart from the larceny or embezzlement which is defined and made punishable under § 190. If the forcible entry into the post office has been accomplished with the intent to commit the offenses as described, or any one of them, the crime is complete, although the intent to steal or . commit depredation in the post office : building may have been frustrated or ¡abandoned without accomplishment. And so, under § 190, if the property is in ifact stolen, it is immaterial how the post ■office was entered, whether by force or as a matter of right, or whether the building was entered at all. It being within the competency of Congress to s”
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.