United States v. Cohen’s Empirical Analysis

Citation profile

10 federal appellate · 1 district ·

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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the participation of at least two culpable individuals--the defendant and another person--before a sentence can be enhanced for defendant's leadership activities.”

   2 later decisions quote this exact passage
   e.g. United States v. Samuel L. Estes · United States v. Preston Tillman Bailey, Jr.

2. “During this case you have heard several references to civil proceedings in other courts, including proceedings in bankruptcy court. Your sole responsibility in this case is to determine whether or not the government has proven the defendant, Douglas O. Ruedlinger, guilty of the crimes charged in second superseding indictment. As we discussed in voir dire, a criminal proceeding such as this one in which you are sitting as jurors differs in several significant ways from a civil proceeding. Two of the most important distinctions between a criminal and civil case are the different burdens of proof and the presumption of innocence. In a criminal case the government bears the burden of proving the defendant guilty of the crime charged beyond a reasonable doubt. In contrast, in a civil case the party seeking relief, called the plaintiff, has the burden of proving its claim against the defendant by only a preponderance, or greater weight of the evidence. ■ In a criminal case the defendant is presumed innocent. In a civil case, the defendant enjoys no such presumption of innocence. In considering any testimony or documents referring to civil proceedings, including bankruptcy proceedings, it is important for you to keep these significant distinctions in mind. Some of the civil proceedings referred to during.this trial were resolved upon the mutual agreement of the parties, often referred to as disposition by settlement. Settlement of civil disputes upon the mutually agreed terms of the”

   1 later decision quote this exact passage
   e.g. 976 F. Supp. 976 - United States v. Ruedlinger

3. “Although he suggests that civil judgments are generally inadmissible as evidence in criminal cases, other circuits have admitted consent judgments into evidence in criminal trials under Federal Rule of Evidence 404(b) and its common law predecessor. See United States v. Serian, 895 F.2d 432 (8th Cir.1990); United States v. Parker, 839 F.2d 1473 (11th Cir.1988); United States v. Gilbert, 668 F.2d 94 (2d Cir.), cert. denied, 456 U.S. 946 , 102 S.Ct. 2014 , 72 L.Ed.2d 469 (1982); United States v. King, 505 F.2d 602 (5th Cir.1974); New England Enterprises, Inc. v. United States, 400 F.2d 58 (1st Cir.1968), cert. denied, 393 U.S. 1036 , 89 S.Ct. 654 , 21 L.Ed.2d 581 (1969). Here the consent judgment does not refer to a “prior act” countenanced by Rule 404(b), but it is relevant, not overly prejudicial and was accompanied by a limiting instruction which explained the different burdens of proof in civil and criminal matters. Although one commentator notes that admitting prior civil judgments into evidence in subsequent criminal trials may violate a defendant’s right of confrontation, McCormick on Evidence, § 318 (1984 ed.), we think that Cohen’s consent judgment can be characterized better as a personal admission properly admitted under Federal Rule of Evidence 801(d)(2)(A) than as a civil judgment resulting from a jury or bench verdict. The question of burdens of proof never arose, and only Cohen’s consent made the judgment conclusive. We have held elsewhere that it is a “familiar ”

   1 later decision quote this exact passage
   e.g. 976 F. Supp. 976 - United States v. Ruedlinger