United States v. Johnstone’s Empirical Analysis
856 F.2d 539 · 1988
Citation profile
15 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2019 · most notably United States v. Torres (1995), United States v. Eusebio Escobar-De Jesus (1999)
15 federal appellate · 1 district · 2 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) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 843 (§ 403 of the Controlled Substances Act) · 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act)
Relies on In the Matter of Samuel Winship · United States v. Calandra · Hamling v. United States · Rose v. Clark · United States v. Powell
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whatever underlying offense is charged must be proved by a preponderance of the evidence, even though it is not separately charged.”
1 later decision quote this exact passage · from the majority“The occurrence of the underlying felony is a fact necessary to finding a violation of Sec. 843(b).”
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.