United States v. Mobley’s Empirical Analysis
618 F.3d 539 · 2010
Citation profile
7 federal appellate · 1 state decisions
Appellate journey
Relationships
Applies 18 U.S.C. § 1028A · 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1343 · 18 U.S.C. § 1349 (§ 902 of the Sarbanes-Oxley Act of 2002) · 18 U.S.C. § 924
Relies on Puckett v. United States · McCarthy v. United States · United States v. Dominguez Benitez · Smith v. United States · District of Columbia v. Greater Washington Board of Trade
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The ideal means to establish the factual basis for a guilty plea is for the district court to ask the defendant to state, in the defendant’s own words, what the defendant did that he believes constitutes the crime to which he is pleading guilty. So long as the district court ensures that the defendant’s statement includes conduct — and mental state if necessary — that satisfy every element of the offense, there should be no question concerning the sufficiency of the factual basis for the guilty plea. This “ideal” method is by no means the only method, however. We recognize that the district court may determine the existence of the ... factual basis from a number of sources, including a statement on the record from the government prosecutors as well as a statement from the defendant.”
2 later decisions quote this exact passage · from the majority“a defendant who uses the means of identification of another 'during and in relation to any felony violation enumerated' in the statute necessarily lacks a form of authorization recognized by law”
1 later decision quote this exact passage · from the majority“That a defendant's use of any social security number -- including his own -- to submit fraudulent credit applications must be 'without lawful authority' is obvious,”
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.