United States v. Tom’s Empirical Analysis
787 F.2d 65 · 1986
Citation profile
38 federal appellate · 3 district ·
How this case has been cited
Cited by 50 later decisions — most recently August 2018 · most notably United States v. Coonan (1991), United States v. Horak (1987)
38 federal appellate · 3 district ·
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. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1623 · 18 U.S.C. § 1951 (Hobbs Act) · 18 U.S.C. § 1955 · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 2 · 18 U.S.C. § 3731
Relies on Cohen v. Beneficial Industrial Loan Corp. · Abney v. United States · United States v. Wilson · Flanagan v. United States · Sanabria 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If a defendant has a valid double jeopardy claim, he is entitled to present it on an interlocutory appeal to avoid “the personal strain, public embarrassment, and expense of a criminal trial” on the indictment or count for which he has previously been in jeopardy.... However, he is not entitled to an interlocutory appeal to avoid whatever slight increment of strain, embarrassment, or expense might arise from having to defend against allegations made or evidence presented in connection with a count on which trial will in any event occur.”
2 later decisions quote this exact passage · from the majority“[T]he rights conferred on a criminal accused by the Double Jeopardy Clause would be significantly undermined if appellate review of double jeopardy claims were postponed until after conviction and sentence. To be sure, the Double Jeopardy Clause protects an individual against being twice convicted for the same crime, and that aspect of the right can . be fully vindicated on . an appeal following final judgment, as the Government suggests. However, this Court has long recognized that the Double Jeopardy Clause protects an individual against more than being subjected to double punishments. It is a guarantee against being twice put to trial for the same offense.... [T]he guarantee against double jeopardy assures an individual that, among other things, he will not be forced, with certain exceptions, to endure the personal strain, public embarrassment, and expense of a criminal trial more than once for the same offense. It thus protects interests wholly unrelated to the' propriety of any subsequent conviction.”
1 later decision quote this exact passage · from the majority“the court's jury instruction concerning the Hobbs Act charges does not strike from the case an independent basis of liability.”
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.