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← 714 F.2d 232 - United States v. Shareef

United States v. Shareef’s Empirical Analysis

714 F.2d 232 · 1983

Citation profile

16
cited by 16 later decisions
December 2016
most recently cited

12 federal appellate ·

How this case has been cited

Cited by 16 later decisions — most recently December 2016

12 federal appellate ·

701983199020002010decided

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 Castor v. United States · Hill v. United Brotherhood of Carpenters & Joiners, Local 25 · Mills v. Alabama · Abel v. United States · United States v. Indiviglio

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

  1. “However, the government miist prove beyond a reasonable doubt that at the time the defendant engaged in the conduct alleged in the indictment, she knew that the checks which were deposited in the Korea Commercial account were not hers to deposit. If the defendant did not know at that time that the checks were someone else's property, the defendant is not guilty of any of the offenses with which she is charged. Guilty knowledge cannot be established by demonstrating merely negligence or even foolishness on the part of either defendant, the prosecution must establish beyond a reasonable doubt that each knew that the checks were in fact not rightfully his or hers. In determining whether either defendant acted knowingly or wilfully with respect to the bank larceny and conversion of government property counts — and this is not involved in the conspiracy count — you may consider whether the defendant deliberately closed his or her eyes to what otherwise would have been obvious to him or her. A finding of guilty knowledge may not be avoided by a showing that the defendant simply closed his or her eyes to what was going on about him or her. Guilty knowledge cannot be established by demonstrating mere negligence or even foolishness on the part of the defendant. However, you may find that a defendant had such knowledge if you find beyond a reasonable doubt that he or she was aware of a high probability that he or she was not authorized to deposit or cash checks into the Hit Shows Enter”
    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.