Moore v. United States’s Empirical Analysis
512 F.2d 1255 · 1975
Citation profile
9 federal appellate · 2 district ·
How this case has been cited
Cited by 16 later decisions — most recently August 2007
9 federal appellate · 2 district ·
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 26 U.S.C. § 5845 (§ 201 of the Gun Control Act of 1968) · 26 U.S.C. § 5861 (§ 201 of the Gun Control Act of 1968)
Relies on Berger v. United States · Stirone v. United States · Russell v. United States · Bain Jr · Hartman 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Because his weapon clearly was never intended to be fired from the shoulder, Moore contends it is not a “shotgun” and therefore not a “firearm” proscribed by Section 5861. This argument overlooks the further definition of “firearm” as “any other weapon” which means “a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell . . . . ” Moore, however, suggests that reliance on the provision for “any other weapon” creates a fatal variance between the indictment and the proof at trial. Nevertheless, it is clear that he was in no way prejudiced by the variance in the instant case. Prior to trial, defense counsel was supplied with a copy of the Treasury Department Certification, which fully described the modified flare gun. Thus, the indictment is most properly read as charging possession of an unlawful firearm; the faulty description is mere surplusage.”
2 later decisions quote this exact passage · from the majority“'firearm made by inserting a 11 inch piece of galvanized pipe into barrel of flare gun and welding the same with solder.... [sic]'”
2 later decisions quote this exact passage · from the majority“'unlawfully and knowingly possess[ing] a firearm, that is, a sawed-off 12-gauge shotgun ... which was not registered ... as required by ... Sec. 5861(d)....'”
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.