United States v. Driver’s Empirical Analysis
535 F.3d 424 · 2008
Citation profile
7 federal appellate · 3 state decisions
Relationships
Applies 18 U.S.C. § 1952 · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Jackson v. Virginia · United States v. Booker · Bruton v. United States · Zafiro v. United States · Salinas 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a defendant is not entitled to a severance simply because the evidence against a codefendant is far more damaging than the evidence against him.... [I]n a joint trial, there is always a danger that the jury will convict on the basis of the cumulative evidence rather than on the basis of evidence relating to each defendant. However, we adhere to the view, as previously stated by our court, that the jury must be presumed capable of sorting out the evidence and considering the case of each defendant separately. The presentation of evidence applicable to more than one defendant is simply a fact of life in multiple defendant cases.”
1 later decision quote this exact passage · from the majority“form a ‘chain’ conspiracy where an agreement to supply drugs to a given area can be inferred from the interdependence of the enterprise. That said, the agreement to enter into a transaction ... is not equivalent to the agreement needed to support a conviction for conspiracy ... [which] must be based on evidence from which a rational trier of fact could find that the defendant had knowledge of the conspiracy itself, and purposefully joined the conspiracy.”
1 later decision quote this exact passage · from the majority“[e]ven where the risk of prejudice is high, less drastic measures, such as limiting instructions, often will suffice to cure any risk of prejudice.'”
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.