United States v. Thomas’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 4 state decisions

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

1. “[a] variance between the indictment and proof at trial requires reversal of a conviction only if the variance actually prejudiced the defendant. The primary consideration in this determination is whether the indictment fully and fairly apprised the defendant of the charges he or she must meet at trial.”

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

2. “A constructive amendment occurs when the essential elements of the offense as charged in the indictment are altered in such a manner - often through the evidence presented at trial or the jury instructions - that the jury is allowed to convict the defendant of an offense different from or in addition to the offenses charged in the indictment.”

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

3. “The basic difference between a constructive amendment and a variance is this: a constructive amendment changes the charge, while the evidence remains the same; a variance changes the evidence, while the charge remains the same.”

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