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← 638 F.2d 781 - United States v. Bottom

United States v. Bottom’s Empirical Analysis

638 F.2d 781 · 1981

Citation profile

44
cited by 44 later decisions
2
states following
May 2022
most recently cited

35 federal appellate · 3 state decisions

How this case has been cited

Cited by 44 later decisions — most recently May 2022 · most notably United States v. Lindell (1989), United States v. Kelley (1991)

35 federal appellate · 3 state decisions

21019811990200020102020decided

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.

Appellate journey

reviewedthe decision below (from Louisiana Western District Court)

Relationships

Applies 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002)

Relies on Glasser v. United States · Berger v. United States · Allen v. United States · United States v. Maze · Pennhurst State School & Hospital v. Halderman

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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “supplemental instructions urging a jury to forego their differences and come to a unanimous decision.”
    2 later decisions quote this exact passage · from the majority
  2. ““Concerning the next issue as to the sufficiency of the evidence to prove mail fraud, the defendants argue that the scheme was complete once they received their money from Baldwin, which occurred up-front before Baldwin submitted his invoices to the county, before the county submitted checks to Baldwin, and before the commissioners initialed copies of the checks; and that if the scheme was complete, then the mailings were not sufficient to bring the transactions within the scope of the mail fraud statute. The defendants rely on United States v. Maze, 414 U.S. 395 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974). “The fraudulent scheme in the instant case employed mailings which were integral to the execution of the fraudulent plans and which were not made after the fruition of the fraud but were necessary to complete the scheme. The scheme was not complete when Baldwin paid the de fendants ‘up-front’ the bogus or padded amounts in the invoices because Baldwin still needed the assistance of the defendants, who were the only ones who knew about the fraud and who had control of all the paperwork in their districts, to initial copies of the checks which reflected payment of the phony invoice attached to it. Furthermore, the county was not defrauded and the scheme complete until the checks were approved by the commissioners, the money released and the checks mailed to Baldwin. From the beginning of the scheme the defendant commissioners, who knew that the invoices were bogus or padded, were”
    1 later decision quote this exact passage · from the majority
  3. “(1) the semantic deviation from approved 'Allen' charges cannot be so prejudicial to the defendant as to require reversal, and (2) the circumstances surrounding the giving of an approved 'Allen' charge must not be coercive.”
    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.