United States v. Macker’s Empirical Analysis
608 F.2d 223 · 1979
Citation profile
18 federal appellate · 1 district ·
How this case has been cited
Cited by 23 later decisions — most recently September 1995
18 federal appellate · 1 district ·
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. § 2 · 18 U.S.C. § 924 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on Glasser v. United States · Santoni v. United States · Cruz v. Hauck · United States v. Bailey · Streeter 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(M)ere presence, association, acquiescence, or approval without more is not sufficient to establish that a defendant is a member of a conspiracy.”
2 later decisions quote this exact passage · from the majority“In order for such remarks to constitute reversible error on the grounds of improper comment on an accused’s failure to testify, we must find that (1) it was the attorney’s manifest intention to refer to defendant’s silence, or (2) the remark “was ‘of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.’ ” The comments need not be direct in order to be improper. It is difficult to find any prejudice to appellant ... in the remarks made by [codefendant’s] counsel. It can hardly be said that the remarks were manifestly intended to refer to [defendant’s] failure to testify. The more plausible explanation, considering the fact that [the codefendant] did take the stand, is that the statements were intended to bolster [codefendant’s] story and enhance his credibility. Nor has [defendant] shown that the jury should necessarily have construed the remark as a comment on his silence. [Defendant’s] name was never mentioned during counsel’s argument, and the statements were “unexceptional, lacking in aggravation and emphasis.” Further, any potential impropriety resulting from the remarks was cured by the court’s instruction that no inferences may be drawn from a defendant’s failure to testify and by the overwhelming evidence of Macker’s involvement in the conspiracy.”
1 later decision quote this exact passage · from the majority“(T)here must be proof beyond a reasonable doubt that a conspiracy existed, that the accused knew it and, with that knowledge, voluntarily joined it.”
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.