United States v. Joseph’s Empirical Analysis
542 F.3d 13 · 2008
Citation profile
7 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 21 later decisions — most recently September 2022
7 federal appellate · 1 district · 1 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.
Relationships
Applies 18 U.S.C. § 1470 · 18 U.S.C. § 2422 (White-Slave Traffic Act of 1910 (Mann Act))
Relies on United States v. Olano · Henderson v. Kibbe · Yates v. United States · Griffin v. United States · Freytag v. Commissioner
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although some jurors may have familiarity with Internet messaging, it is unlikely that the average juror is familiar with the role-playing activity that [the expert witness] was prepared to explain in the specific context of sexually oriented conversation in cyberspace.... Obviously a jury would not have to accept [the defendant's] claim that he planned only to meet "Julie" to learn who she was and that he lacked any intention to engage in sexual conduct with her, but the frequent occurrence of such "de-mask[ing]" of chat-room participants might provide support for his defense.”
1 later decision quote this exact passage · from the majority“[T]he offense remains ‘enticing,’ and making a sexual act 'more appealing' in the absence of an intent to entice is not a crime. If jurors thought that Joseph only wanted to make 'Julie' think that sexual conduct with him would be appealing, but did not intend to entice her to engage in such conduct with him, they would have convicted him for having cybersex conversation, which is not a crime, but not for violating section 2242(b).” (footnote omitted)). 11 . We also reject Howard’s invocation of the rule of lenity”
1 later decision quote this exact passage · from the majority“appear to be highly likely to assist the jury 'to understand the evidence[,]' " explaining: Although some jurors may have familiarity with Internet messaging, it is unlikely that the average juror is familiar with the role-playing activity that [the expert witness] was prepared to explain in the specific context of sexually oriented conversation in cyberspace.... Obviously a jury would not have to accept [the defendant's] claim that he planned only to meet "Julie”
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.