United States v. Thirion’s Empirical Analysis
813 F.2d 146 · 1987
Citation profile
56 federal appellate · 1 district · 13 state decisions
How this case has been cited
Cited by 80 later decisions — most recently January 2022 · most notably State v. D'Ambrosio (1993), United States v. Saccoccia (1995)
56 federal appellate · 1 district · 13 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 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1343 · 18 U.S.C. § 2 · 18 U.S.C. § 2314 · 18 U.S.C. § 3161 (§ 101 of the Speedy Trial Act of 1974) · 18 U.S.C. § 3551 (Mandatory Victims Restitution Act of 1996) · 18 U.S.C. § 3553 · 18 U.S.C. § 371
Relies on Barker v. Wingo · Pinkerton v. United States · Smith v. Phillips · United States v. Grinnell Corp. · Hoffa 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] jury may be instructed on the theory of aiding and abetting even though not charged in the indictment. The reason for this rule is that [the aiding and abetting statute] does not create a separate offense, it simply makes those who aid and abet in a crime punishable as principals. This reasoning is equally applicable to coconspirator liability. While Congress has recognized the conspiracy itself to be a separate crime, [18 U.S.C.] § 371, coconspirator liability does not have its genesis in this statute, but rather in the common law. [Citing and quoting from the above-quoted passage in Pinkerton.]”
2 later decisions quote this exact passage“No person surrendered ... shall be prosecuted, judged or punished for any crime or offense committed prior to his extradition, other than the offense for which his surrender was accorded, and no person shall be arrested or detained by civil process for a cause prior to the extradition, unless, in either case, he has been at liberty for one month to leave the country, after having been tried, or, in case of conviction, after having either served his sentence or obtained.”
1 later decision quote this exact passage“The district court correctly determined that Thirion could not be convicted on the conspiracy count. The district court, however, refused to dismiss that count of the indictment. This decision was not necessarily in conflict with the doctrine of specialty since, although Thi-rion could not then be convicted on the conspiracy count, the Treaty permits subsequent conviction should Thirion remain in the country after having been at liberty for one month to leave.”
1 later decision quote this exact passage
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.