United States v. Drape’s Empirical Analysis
668 F.2d 22 · 1982
Citation profile
20 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 33 later decisions — most recently July 2013 · most notably United States v. Angiulo (1990), United States v. Dahlstrom (1983)
20 federal appellate · 3 district · 4 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
Relies on Glasser v. United States · Ohio Bureau of Employment Services v. Hodory · United States v. Batchelder · Ullmann v. United States · Roberts v. Louisiana
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.
“Before you may find that a Defendant, or any other person, has become a member of a conspiracy, the evidence in the case must show beyond a reasonable doubt that the conspiracy was knowingly formed, and that the Defendant, or other person who is claimed to have been a member, willfully participated in the unlawful plan with the intent to advance or further some object or purpose of the conspiracy. To act or participate willfully means to act or participate voluntarily and intentionally, and with specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, to act or participate with the bad purpose either to disobey or to disregard the law. So if a Defendant, or any other person, with an understanding of the unlawful character of a plan, knowingly encourages, advises or assists, for the purpose of furthering the undertaking or scheme, he thereby becomes a willful participant — a conspirator.”
1 later decision quote this exact passage · from the majority“'simply means a voluntary intentional violation of a known legal duty.' " Drape, 688 F.2d at 26 (citing United States v. Pomponio, 429 U.S. 10 , 12, 97 S.Ct. 22, 23, 50 L.Ed.2d 12 (1976)); Dahlstrom, 713 F.2d at 1427. The term "willful”
1 later decision quote this exact passage · from the majority“Intent may be established where a taxpayer 'chooses to keep himself uninformed as to the full extent that [the return] is insufficient.'”
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.