United States v. Fleming’s Empirical Analysis
667 F.3d 1098 · 2011
Citation profile
13 federal appellate · 2 district · 2 state decisions
Relationships
Applies 18 U.S.C. § 3742 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on United States v. Olano · United States v. Brooks · United States v. Bw Evans · United States v. Reid · United States v. Shoulberg
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“reversal is warranted only when [1] the prosecutor's statement is plainly improper and (2) the defendant demonstrates that the improper statement affected his or her substantial rights.”
3 later decisions quote this exact passage · from the majority“[Wlhen a defendant fails to object to an allegedly improper statement during trial, we will 'review only for plain error and it is the defendant rather than the Government who bears the burden of persuasion with respect to prejudice.'”
2 later decisions quote this exact passage · from the majority“consider the trial as a whole, including the curative acts of the district court, the extent of the misconduct, and the role of the misconduct within the case.”
2 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.