United States v. Herbert’s Empirical Analysis
698 F.2d 981 · 1983
Citation profile
103 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 131 later decisions (1 by the Supreme Court) — most recently July 2024 · most notably Staples v. United States (1994), United States v. Lemire (1983)
103 federal appellate · 5 district · 2 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. § 2 · 18 U.S.C. § 371 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 26 U.S.C. § 5681 · 26 U.S.C. § 5861 (§ 201 of the Gun Control Act of 1968) · 28 U.S.C. § 1861 (Jury Selection and Service Act of 1968)
Relies on North Carolina v. Pearce · Pereira v. United States · Duren v. Missouri · United States v. Dinitz · Santoni 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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'knows that he is dealing with a dangerous device of such type as would alert one to the likelihood of regulation.'”
8 later decisions quote this exact passage · from the majority“if there is a reasonable possibility that [the] error materially affected the verdict.”
5 later decisions quote this exact passage · from the majority“[I]n a situation in which there were no external indications on the weapon that would 'alert one to the likelihood of regulation,' " the government must prove knowledge that the weapon was automatic.). We should follow that trend. 42 I conclude the district court erred in instructing the jury that the government need only prove that Ross knew the machine gun was a firearm in the ordinary sense. That error was not harmless. Unquestionably Ross knew he possessed a "gun.”
4 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.