United States v. Brandao’s Empirical Analysis
539 F.3d 44 · 2008
Citation profile
36 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 59 later decisions — most recently February 2025 · most notably In re Insurance Brokerage Antitrust Litigation (2010), United States v. Vosburgh (2010)
36 federal appellate · 2 district · 4 state decisions
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.
Appellate journey
reviewedthe decision below (from Massachusetts District Court)
Relationships
Applies 18 U.S.C. § 1951 (Hobbs Act) · 18 U.S.C. § 1959 · 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) · 18 U.S.C. § 3553 · 18 U.S.C. § 924
Relies on Brady v. State of Maryland · Gall v. United States · United States v. Olano · Arizona v. Fulminante · Johnson 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to preserve the defendant's Fifth Amendment right to indictment by grand jury, to prevent re-prosecution for the same offense in violation of the Sixth Amendment, and to protect the defendant's Sixth Amendment right to be informed of the charges against him.”
4 later decisions quote this exact passage“(1) that an error occurred (2) which was clear or obvious and which not only (3) affected [Akoto's] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation of judicial proceedings.”
3 later decisions quote this exact passage“A constructive amendment occurs when the charging terms of an indictment are altered, either literally or in effect, by prosecution or court after the grand jury has last passed upon them.”
3 later decisions quote this exact passage
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.