United States v. Smith’s Empirical Analysis
640 F.3d 358 · 2011
Citation profile
14 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 38 later decisions — most recently January 2020 · most notably United States v. Moore (2011), James River Insurance v. Rapid Funding, LLC (2011)
14 federal appellate · 5 district · 5 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. § 922 (Brady Handgun Violence Prevention Act) · 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 United States v. Booker · Apprendi v. New Jersey · Chapman v. State of California · Daubert v. Merrell Dow Pharmaceuticals, Inc. · Almendarez-Torres 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[K]nowledge derived from previous professional experience falls squarely within the scope of Rule 702 and thus by definition outside of Rule 701.”
2 later decisions quote this exact passage · from the majority“based on his experience in other investigations and his experience as a narcotics investigator, as opposed to simply his personal perceptions in the case ... would have to satisfy Rule 702.”); United States v. Johnson, 617 F.3d 286, 293 (4th Cir.2010) (an officer's interpretation of wiretapped phone calls based on his”
1 later decision quote this exact passage · from the majority“not based on scientific, technical, or other specialized knowledge within the scope of Rule 702 .”
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.