United States v. McDaniel’s Empirical Analysis
545 F.2d 642 · 1976
Citation profile
24 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 32 later decisions — most recently April 2016 · most notably United States v. Vaccaro (1987), United States v. Smith (1982)
24 federal appellate · 1 district · 2 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. § 922 (Brady Handgun Violence Prevention Act)
Relies on Jackson v. Denno · Yi Au Lau v. United States Immigration & Naturalization Service · Detenber v. American Universal Insurance Co · Coyote v. United States · United States v. Lane
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Presumably, the court interpreted the jury’s question as asking whether the aider and abetter must know that the activity was a crime. It is true that ignorance of the law is no excuse, but the jury’s question was not that simple. . The mens rea of aiding and abetting is “guilty knowledge.” Grant v. United States, 291 F.2d 746, 749 (9th Cir. 1961). Barbara, in order to be found guilty, must at least have assisted Ulysses in the transportation of the firearms knowing that he was transporting firearms. We said recently that one acting with “criminal intent and design to assist the perpetrators” is guilty of aiding and abetting. United States v. Lane, 514 F.2d 22, 27 (9th Cir. 1975). But see Weedin v. United States, 380 F.2d 657, 660 (9th Cir. 1967). A defendant to be an aider and abetter must know that the activity condemned by the law is actually occurring and must intend to help the perpetrator. R. Perkins, Criminal Law 645 (1969). By its answer to the jury’s question, the court could have caused the jury to disregard the requisite scienter elements which the jury had to find in order to convict Barbara.”
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.