United States v. Gordon’s Empirical Analysis
61 F.3d 263 · 1995
Citation profile
29 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 61 later decisions — most recently March 2018 · most notably United States of America v. Akin Akinkoye a (1999), United States v. Bollin (2001)
29 federal appellate · 3 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. § 1621 · 18 U.S.C. § 2 · 18 U.S.C. § 3661 (Drug and Alcohol Dependent Offenders Treatment Act of 1986) · 28 U.S.C. § 455
Relies on Santobello v. New York · Liteky et al United States · American Manufacturers Mutual Insurance v. United States · United States v. Dunnigan · Mayers 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, courts ask whether a defendant had special duties or special access to information not available to other employees. Second, the defendant’s level of supervision or degree of managerial discretion is relevant. Bank tellers who embezzle from their employers provide an example of a situation where there is little trust to abuse because the employees are closely supervised, and it is expected that wrongs they commit will be readily detected. Third, the analysis also entails an examination of the acts committed to determine whether this defendant is more culpable than others who hold similar positions and may commit crimes.”
7 later decisions quote this exact passage · from the majority““[pjublie or private trust” refers to a position of public or private trust characterized by professional or managerial discretion. ... For this enhancement to apply, the position of trust must have contributed in some significant way to facilitating the commission or concealment of the offense____ This adjustment, for example, would apply in the case of an embezzlement of a client’s funds by an attorney serving as a guardian, a bank executive’s fraudulent loan scheme, or the criminal sexual abuse of a patient by a physician under the guise of an examination. This adjustment would not apply in the ease of an embezzlement or theft by an ordinary bank teller or hotel clerk____”
3 later decisions quote this exact passage · from the majority“The abuse of trust enhancement was not designed to turn on formalistic definitions of job type.”
3 later decisions 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.