United States v. Kaplan’s Empirical Analysis
839 F.3d 795 · 2016
Citation profile
3 federal appellate · 2 state decisions
Relationships
Applies 18 U.S.C. § 2 · 18 U.S.C. § 3663A (§ 204 of the Antiterrorism and Effective Death Penalty Act of 1996) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 856 (§ 416 of the Controlled Substances Act) · 21 U.S.C. § 858 (§ 417 of the Controlled Substances Act) · 28 U.S.C. § 1291
Relies on Hughey v. United States · United States v. Carty · Gonzalez v Raich · United States v. Mohamed · United States v. Gordon
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that fair market value generally provides the best measure to ensure restitution in the 'full amount' of the victim's loss, but that 'replacement value' is an appropriate measure ... where the fair market value is either difficult to determine or would otherwise be an inadequate or inferior measure of the value necessary to make the victim whole.”
1 later decision quote this exact passage“[I]f the actual cash value of the damaged, lost, or destroyed property is difficult to ascertain-because an item is unique, or because there is not a broad and active market for it, replacement cost rather than fair market value may better compensate a victim for the full amount of his loss.”
1 later decision quote this exact passage“[t]he fair market value of the property unlawfully taken, copied, or destroyed; or, if the fair market value is impracticable to determine or inadequately measures the harm, the cost to the victim of replacing that property.”
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.