United States v. Whitlow’s Empirical Analysis
815 F.3d 430 · 2016
Citation profile
4 federal appellate ·
Relationships
Applies 18 U.S.C. § 1343 · 18 U.S.C. § 1349 (§ 902 of the Sarbanes-Oxley Act of 2002) · 18 U.S.C. § 3553 · 28 U.S.C. § 1291
Relies on Gall v. United States · Costello v. United States · United States v. Feemster · United States v. Bell · United States v. Young
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order for an out-of-court statement of a co-conspirator to be admissible, the government must show by a preponderance of the evidence (1) that a conspiracy existed; (2) that the defendant and the declarant were members of the conspiracy; and (3) that the declaration was made during the course and in furtherance of the conspiracy. Although courts may consider the contents of the statements, the government must produce independent evidence outside of the statements themselves to establish the existence of the conspiracy.”
1 later decision quote this exact passage · from the majority“only where no reasonable jury could find all the elements beyond a reasonable doubt.”
1 later decision quote this exact passage · from the majority“we review de novo the sufficiency of the evidence to sustain the conviction,”
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.