United States v. Smith’s Empirical Analysis
516 F.3d 473 · 2008
Citation profile
12 federal appellate ·
How this case has been cited
Cited by 42 later decisions — most recently June 2022 · most notably United States v. Herrera-Zuniga (2009), United States v. Miller (2008)
12 federal appellate ·
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. § 1343 · 18 U.S.C. § 35 · 18 U.S.C. § 3553
Relies on Gall v. United States · United States v. Harotunian · United States v. Humphrey · United States v. Farrow · United States v. Arnaout
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The commentary to section 3B1.3 defines a position of private trust as a position that is characterized by professional or managerial discretion (i.e., substantial discretionary judgment that is ordinarily given considerable deference). Persons holding such positions ordinarily are subject to significantly less supervision than employees whose responsibilities are primarily non-discretionary in nature. USSG § 3B1.3, comment, (n. 1). Once the sentencing court has determined that a person occupies a position of private trust, “the position of ... trust must have contributed in some significant way to facilitating the commission or concealment of the offense ...” before the enhancement may apply. Id. Furthermore, “[t]his adjustment may not be employed if an abuse of trust or skill is included in the base offense level or specific offense characteristic.” USSG § 3B1.3.”
1 later decision quote this exact passage · from the majority“penalize distinct aspects of [Bryant's] conduct and distinct harms.”
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.