United States v. Hyde’s Empirical Analysis
497 F.3d 103 · 2007
Citation profile
5 federal appellate · 2 district ·
Relationships
Applies 11 U.S.C. § 522 · 18 U.S.C. § 1033 (§ 320603 of the Violent Crime Control and Law Enforcement Act of 1994) · 18 U.S.C. § 3572 · 18 U.S.C. § 3613 · 42 U.S.C. § 407 (§ 207 of the Social Security Act of 1935)
Relies on United States v. Rodgers · Cisneros v. Alpine Ridge Group · United States v. Irving · United States v. Novak · Englander Englander
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An estate of homestead to the extent of $300,000 in the land and buildings may be acquired pursuant to this chapter by an owner or owners of a home or one or all who rightfully possess the premise by lease or otherwise and who occupy or intend to occupy said home as a principal residence. Said estate shall be exempt from the laws of conveyance, descent, devise, attachment, levy on execution and sale for payment of debts or legacies except [in certain listed exceptions].”
1 later decision quote this exact passage · from the majority“It is well established that the Supremacy Clause “provides the underpinning for the Federal Government’s right to sweep aside state-created exemptions” in the face of a tax liability. U.S.A. v. Rodgers, 461 U.S. 677, 701 , 103 S.Ct. 2132 , 76 L.Ed.2d 236 (1983); see also Herndon v. U.S.A., 501 F.2d 1219, 1222 (8th Cir.1974); U.S.A. v. Heffron, 158 F.2d 657, 659 (9th Cir.1947); Sham-baugh v. Scofield, 132 F.2d 345, 346 (5th Cir.1942).”
1 later decision quote this exact passage · from the majority“[T]he provisions of 18 U.S.C. § 3613 (a) state that the United States may enforce a judgment imposing a fine, restitution, or assessment against the property of the person fined, with the exception of those exemptions found in 26 U.S.C. § 6334 . Section 6334(c) prohibits a criminal defendant from using state exemptions to protect his assets.”
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.