United States v. Hershkowitz’s Empirical Analysis
968 F.2d 1503 · 1992
Citation profile
26 federal appellate ·
How this case has been cited
Cited by 35 later decisions — most recently September 2016 · most notably United States v. Reese (1993), United States v. Singh (1995)
26 federal appellate ·
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. § 1001 (Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990) · 18 U.S.C. § 242
Relies on Brewster v. Derwinski · United States v. Lara · United States v. Smith · United States v. Castagnet · United States v. Paige
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.
“particularly susceptible to the criminal conduct”
6 later decisions quote this exact passage · from the majority“Section 2H1.4 [now found in substance at § 2H1.1(b)(1)(B)] plainly does not incorporate a victim's increased vulnerability to defendant's illegal conduct -- due to factors such as his status as a detainee and the presence of a defendant's fellow officers -- in setting the offense level.”
1 later decision quote this exact passage · from the majority“[T]hat a defendant is acting under color of law does not necessarily contemplate a victim who is in custody and under defendant's control.”
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.