United States v. Cluchette’s Empirical Analysis
465 F.2d 749 · 1972
Citation profile
57 federal appellate · 12 state decisions
How this case has been cited
Cited by 77 later decisions (1 by the Supreme Court) — most recently March 2010 · most notably United States v. Grayson (1978), United States v. Nevils (2010)
57 federal appellate · 12 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
Applies 18 U.S.C. § 3501 · 18 U.S.C. § 472 · 18 U.S.C. § 473
Relies on McNabb v. United States · Lego v. Twomey · Mallory v. United States · Hagner v. United States · Tocco 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is not our function to re-weigh the evidence and pass on the credibility of the witnesses.”
2 later decisions quote this exact passage · from the majority““During the course of sentencing, the judge expressed the view that appellant had been less than candid (T use charitable words’) in his sworn testimony. We find nothing offensive in the judge’s comments. A sentencing judge cannot put out of his mind the impressions a defendant may give while on the witness stand and should not try to sentence in a mental vacuum. Here, there is no evidence that the sentencing judge was in any way biased or prejudiced. The imposition of an 18 month sentence on each count, to run concurrently, on convictions where he could have imposed a sentence of 15 years on each count forecloses any thought that the judge was unfair.” 465 F. 2d 754 . (Emphasis added.)”
1 later decision quote this exact passage · from the majority““After trial, the indictment is sufficient if the necessary facts appear in any form or by fair construction can be found within its language. (Citations omitted). The true test is whether the indictment contains the elements of the offense intended to be charged and sufficiently apprises the defendant of what he must be prepared to meet.” United States v. Cluchette, 465 F.2d 749 , 752-753 (1972).”
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.