United States v. Cobb’s Empirical Analysis
558 F.2d 486 · 1977
Citation profile
25 federal appellate · 2 district · 9 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2022 · most notably United States v. Dhinsa (2001), United States v. Mitcheltree (1991)
25 federal appellate · 2 district · 9 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. § 2113 · 28 U.S.C. § 2106
Relies on Davis v. Alaska · Mahan v. Howell · Austin v. United States · United States v. Jacquillon · United States v. Thompson
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is a clear distinction between § 2113(a) and § 2113(d). Each involves an element of intimidation; only § 2113(d) requires proof of putting in jeopardy. The additional aggravation present in § 2113(d) permits the imposition of a more severe sentence—twenty-five years rather than twenty. Our Court has consistently rejected the notion that proof of putting in jeopardy may be established by subjective evidence, such as fear felt by the victim. The weapon must be objectively capable of putting a victim’s life in danger.”
1 later decision quote this exact passage · from the majority“We know of no case however, which has permitted the jury to convict under Sec. 2113(d) on the mere inference that a partially concealed object was a loaded gun.... The testimony regarding the holes within the wrapped newspaper was sufficient to establish the element of intimidation and fear necessary for both Sec. 2113(a) and Sec. 2113(d); it was, however, insufficient to establish that a gun was in fact used in the robbery.”
1 later decision quote this exact passage · from the majoritye.g. United States v. Ray“Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined not more than $10,000 or imprisoned not more than twenty-five years, or both.”
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.