United States v. Levy’s Empirical Analysis
578 F.2d 896 · 1978
Citation profile
28 federal appellate · 1 district · 17 state decisions
How this case has been cited
Cited by 56 later decisions — most recently April 2017 · most notably United States v. Porter (1987), United States v. Robertson (1978)
28 federal appellate · 1 district · 17 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 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Santobello v. New York · Ohio Bureau of Employment Services v. Hodory · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Linkletter v. Walker · Lakeside v. Oregon
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an offer to plead guilty upon condition.”
6 later decisions quote this exact passage · from the majority“On the other hand, the purpose of Rule 11(e)(6) should not be forgotten. The purpose is to encourage plea bargaining, a system thought by many, though others disagree, to be desirable. We recognize that in the light of Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971), care must be taken lest roadblocks be set in the way of easy access to the system. We think that the purpose can best be served if the accused is required, at least, to make manifest his intention to seek a plea bargain before he takes the route of self-incrimination. See Hutto v. Ross, 429 U.S. 28 , 97 S.Ct. 202 , 50 L.Ed.2d 194 (1976). We need not decide, on this appeal, whether or in what circumstances, admissions by a defendant will be suppressed when they are part of a de facto process of plea bargaining even though it is less than formal. Cf. United States v. Herman, 544 F.2d 791 (5th Cir.1977) (statement to postal inspectors); and cf. United States v. Smith, 525 F.2d 1017, 1021 (10th Cir.1975) (to policemen). For Levy made his offers of cooperation and attendant admissions without attaching any condition to his admissions.”
1 later decision quote this exact passage · from the majority“[h]aving chosen to forego a curative instruction which would have eliminated any substantial chance of error, the defendant may not complain on appeal of the resulting possibility of error.”
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.