United States v. Herbage’s Empirical Analysis
850 F.2d 1463 · 1988
Citation profile
27 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 35 later decisions — most recently July 2019 · most notably United States v. Saccoccia (1995), United States v. Noriega (1997)
27 federal appellate · 1 district · 3 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)
Relies on United States v. Rauscher · Shapiro v. Ferrandina · United States v. Paroutian · United States v. Najohn
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the requesting state, which secures the surrender of a person, can prosecute that person only for the offense for which he or she was surrendered by the requested state or else must allow that person an opportunity to leave the prosecuting state to which he or she had been surrendered.”
3 later decisions quote this exact passage · from the majority“Double criminality refers to the characterization of the relator’s criminal conduct insofar as it constitutes an offense under the laws of the respective states ... ‘Double criminality’ is in effect a reciprocity requirement which is intended to ensure each of the respective states that they (and the relator) can rely on corresponding treatment, and that no state shall use its processes to surrender a person for conduct which it does not characterize as criminal.”
1 later decision quote this exact passage · from the majority“Extradition shall be granted for the following crimes and offenses, provided they are punishable under the laws of the place of refuge and under those of the State making the requisition....” 4 . Not all conduct that may be a crime in both the requested and requesting states will be subject to extradition. In those cases where a treaty governs extradition relations, the treaties”
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.