United States v. Smith’s Empirical Analysis
94 F.3d 122 · 1996
Citation profile
16
cited by 16 later decisions
October 2022
most recently cited
9 federal appellate ·
Relationships
Applies 18 U.S.C. § 924
Relies on Bailey v. United States · Sullivan v. Louisiana · Ingalls v. Roosevelt County · Johnson v. Derwinski · United States v. Aramony
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A misinstruction as to an essential element of an offense requires a subsequent conviction to be Set aside, unless it is assured, beyond a reasonable doubt, that the jury actually made the finding that inheres in the element. In the absence of such an assurance, we cannot be certain that the jury actually found the defendant to have committed the charged offense.”
1 later decision quote this exact passage · from the majority“cannot know whether [the jury] convicted Smith under § 924(c)(1) because it found him to have ‘used’ the firearms at issue, or because it found him to have ‘carried’ them. If the jury found the former regarding either count, based on the pre Bailey instructions that it received, then the verdict it rendered as to that count was not a constitutional one.”
1 later decision quote this exact passage · from the majority“The only testimony regarding the second weapon ... was that it 'belonged' to Smith during the time that he was distributing crack cocaine.”
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.