United States v. Bartee’s Empirical Analysis
479 F.2d 484 · 1973
Citation profile
60 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 76 later decisions (1 by the Supreme Court) — most recently June 2018 · most notably United States v. Moore (1975), 393 So. 2d 1212 - State v. Moody (1981)
60 federal appellate · 1 district · 10 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 21 U.S.C. § 802 (§ 102 of the Controlled Substances Act) · 21 U.S.C. § 829 (§ 309 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)
Relies on New Yorker Magazine, Inc. v. Gerosa · New York v. Penn Central Transportation Co. · National Theatres Corp. v. Bertha Building Corp. · Jin Fuey Moy v. United States · United States v. Burkhart
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““create a hyper-technical distinction between the terms dispense and distribute which have no functional difference in the context of this ease. In essence, dis pensing as defined within the Act, is the delivery of a controlled substance pursuant to the lawful order of a practitioner, i.e. within the usual course of professional practice. § 802(10) and (20). Similarly, distributing is also the delivery of a controlled substance. § 802(11) « “The Supreme Court’s opinion in Moore leaves little, if any, doubt that physicians may be prosecuted for both unlawful dispensing and distributing when their activities go beyond the usual course of professional practice.””
3 later decisions quote this exact passage · from the majority“[T]he jury is not bound by such expert testimony and may, of course, consider all of the facts and circumstances surrounding the prescribing as related by lay witnesses.”
3 later decisions quote this exact passage · from the majority“The term 'ultimate user' means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household.”
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.