United States v. Dudley’s Empirical Analysis
739 F.2d 175 · 1984
Citation profile
53 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 79 later decisions — most recently April 2024 · most notably United States v. Fountain (1985), United States v. Gibbens (1994)
53 federal appellate · 2 district · 10 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 21 U.S.C. § 848 (§ 408 of the Controlled Substances Act)
Relies on Dairy Queen, Inc. v. Wood · Curtis v. Loether · One 1958 Plymouth Sedan v. Pennsylvania · Pernell v. Southall Realty · United States v. Wurts
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in addition to or in lieu of any other penalty”
5 later decisions quote this exact passage · from the majority“In [this] case ... we are talking about restitution of property owned by or owing to another which normally would be recoverable in civil litigation. The argument that impositions of penalties in criminal cases have heretofore always been abated on death of the accused, even a fully convicted accused who has not yet paid a fine or forfeiture, grows out of the consideration that punishment, incarceration, or rehabilitation have heretofore largely been the exclusive purposes of sentences and so ordinarily should be abated upon death for shuffling off the mortal coil completely forecloses punishment, incarceration, or rehabilitation, this side of the grave at any rate. It is an old and respected doctrine of the common law that a rule ceases to apply when the reason for itQ dissipates.”
2 later decisions quote this exact passage · from the majority“[A]n order of restitution, even if in some respects penal, also[ ] has the predominantly compensatory purpose of reducing the adverse impact on the victim.”
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.