United States v. Newman’s Empirical Analysis
456 F.2d 668 · 1972
Citation profile
20 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 37 later decisions — most recently June 2025 · most notably Anthony v. United States (1981), United States of America v. Maribel Quintanilla (1999)
20 federal appellate · 3 district · 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
Relies on Stirone v. United States · Braunfeld v. Gibbons · United States v. Smith · Rearick v. Commonwealth of Pennsylvania · United States v. Stirone
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . Since it is, therefore, clear that the defendant in this case could not have amended his motion for a new trial to include a new ground after the seven-day period prescribed in Rule 33 had expired, it would be entirely inconsistent with the purpose of the 1966 amendments to Rule 33 to allow the district court to grant a new trial motion four and one-half months after this seven-day period has elapsed for reasons advanced sua sponte by the court. . . . ””
2 later decisions quote this exact passage · from the majority“a judge has no power to order a new trial on his own motion.”
2 later decisions quote this exact passage · from the majority“We do this because the court simply had no power to find that the September 9 motion was a supplement to the August 21 motion. The grounds set forth in the original motion were specific and did not relate in any way to newly discovered evidence. And, if it could not relate the motion back to August 21, then it could not apply the interest of justice standard. Rule 33 clearly states that a court may only grant an extension of the seven-day period during those first seven days. Fed. R.Crim.P. 33. Rule 45 of the Federal Rules of Criminal Procedure ... stresses that “the court may not extend the time for taking any action under [Rule 33] except to the extent and under the conditions stated in [the rule].” Fed.R.Crim.P. 45. Following these clear instructions, our court has ruled that, after the expiration of the seven-day period prescribed in Rule 33, a district court no longer has jurisdiction to enter an order purporting to enlarge the time within which a defendant can file such a motion. (Citation omitted.)”
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.