United States v. Oviedo’s Empirical Analysis
525 F.2d 881 · 1976
Citation profile
117 federal appellate · 5 district · 23 state decisions
How this case has been cited
Cited by 165 later decisions — most recently April 2024 · most notably United States v. Phillips (1981), United States v. Pennell (1984)
117 federal appellate · 5 district · 23 state decisions — followed in 14 states
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. § 1791 · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Mutual Life Ins Co of New York v. Hillmon · United States v. Philip Berrigan, in No. 72-1938, and Elizabeth McAlister Appeal of Elizabeth McAlister In · United States v. Hoffa · United States v. Mandujano · United States v. Annunziato
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 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e demand that in order for a defendant to be guilty of a criminal attempt, the objective acts performed, without any reliance on the accompanying mens rea, mark the defendant’s conduct as criminal in nature. The acts should be unique rather than so commonplace that they are engaged in by persons not in violation of the law.”
8 later decisions quote this exact passage · from the majority“First, the defendant must have been acting with the kind of culpability otherwise required for the commission of the crime which he is charged with attempting. Second, the defendant must have engaged in conduct which constitutes a substantial step toward commission of the crime. A substantial step must be conduct strongly corroborative of the firmness of the defendant’s criminal intent.”
4 later decisions quote this exact passage · from the majority“evidence commitment to the criminal venture.”
4 later decisions 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.