United States v. Walker’s Empirical Analysis

Citation profile

10 federal appellate · 1 district ·

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

1. “[i]t is undisputed that bank larceny is a lesser-included offense of bank robbery.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Phillips · United States v. Gerald Phillips

2. “... [W]e do not intend to take issue without prior favorable citation to D.C. Circuit precedent holding that any evidence, however, weak, bearing upon the lesser included offense will suffice to create an entitlement to a lesser included offense instruction, [citing to United States v. Baker, 985 F.2d 1248 (4th Cir.1993) (quoting United States v. Gibbs, 904 F.2d 52, 58 (D.C.Cir.1990) ]. We view this as a separate inquiry from the question whether the evidence is sufficiently in dispute. For instance, a defendant may present evidence that is weak in the sense that it is implausible or uncorroborated, but yet he still may be entitled to a lesser included jury instruction because the evidence either sharply conflicts with the Government’s evidence on an element of the offense, or because the lesser included offense is fairly inferable if the defendant’s ‘weak’ evidence is believed.”

   1 later decision quote this exact passage · from the majority
   e.g. 937 F. Supp. 75 - United States v. Houlihan

3. “Shall be fined under this title or imprisoned not more than twenty years, or both. 12”

   1 later decision quote this exact passage · from the majority
   e.g. Carter v. United States