green
Positive treatment
Quoted verbatim 2×
7.4 score
G Cite
cited 2× by 1 distinct case, last quoted 1984 ·
…ere availability of similar materials by itself means nothing more than other persons are engaged in similar activities
⚠ not in text
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972
1999
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Anthony Petrov
(2×)
ere availability of similar materials by itself means nothing more than other persons are engaged in similar activities
discussed
Cited as authority (quoted)
United States v. Various Articles of Obscene Merchandise, Schedule No. 2127
mere availability of similar material by itself means nothing more than that other persons are engaged in similar activities.
discussed
Cited "see"
William Foy Lanham v. Csx Transportation, Incorporated the Baltimore & Ohio Railroad the Chesapeake & Ohio Railway Company
See MacPherson v. Boston & Maine Corp., 439 F.2d 1089, 1091 (1st Cir.) (freight train conductor stopped train next to large snow mound and broke his leg when trying to climb down over the mound), cert. denied, 404 U.S. 947 (1971); Chesapeake & O.
discussed
Cited "see"
State v. Mayes
(2×)
See United States v. Manarite, 448 F.2d 583 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 298 , 30 L.Ed.2d 264 (1971).
discussed
Cited "see"
Brock v. State
See, for example, United States v. Marti, 421 F.2d 1263, 1268 (2d Cir. 1970), cert. den. 404 U.S. 947 (1971); United States v. Johnson, 541 F.2d 1311, 1315 (8th Cir. 1976); Application of Lafayette Academy, Inc., 610 F.2d 1, 4 (1st Cir. 1979).
discussed
Cited "see"
United States v. James Arthur Hillyard
United States v. Drebin, 557 F.2d 1316, 1322-23 (9th Cir. 1977), cert. denied, 436 U.S. 904 , 98 S.Ct. 2232 , 56 L.Ed.2d 401 (1978); see United States v. Marti, 421 F.2d 1263, 1268 (2d Cir. 1970), cert. denied, 404 U.S. 947 , 92 S.Ct. 287 , 30 L.Ed.2d 264 (1971).
cited
Cited "see"
Pittman v. United States
See United States v. Manarite, 314 F.Supp. 607, 614 (S.D.N.Y.1970), aff’d, 448 F.2d 583 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971). 3 .
cited
Cited "see, e.g."
State v. Howe
See, e.g., United States v. Kress, 446 F.2d 358, 361 (9th Cir.), cert. denied, 404 U.S. 947 (1971) (finding abandonment after absence of only two days).
discussed
Cited "see, e.g."
United States v. Marcus Schloss & Co., Inc.
See also United States v. Manante, 448 F.2d 583, 589-90 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971) (“In such conspiracies, whether the spoke participants may be found to be members along with the core conspirators depends on whether or not the ‘spokes’ knew or had reason to know of the existence, but not necessarily the identity, of one or more of the other spoke participants in the wheel conspiracy.”).
discussed
Cited "see, e.g."
United States v. Isaac Zabare, A/K/A \The Rabbi\""
Because the indictment charged Zabare and his alleged co-conspirators with participation in a single conspiracy to distribute stolen Ticketron tickets, the focus of the district court’s inquiry in both of these cases was on whether the government had proved that each of the charged purchasers had sufficient awareness of the existence of other members of the alleged conspiracy to render them part of the “rim of the wheel to enclose the spokes.” Kotteakos, 328 U.S. at 755 , 66 S.Ct. at 1243 ; see also United States v. Manarite, 448 F.2d 583, 589-90 (2d Cir.) (“In such conspiracies, wheth…
discussed
Cited "see, e.g."
United States v. Gantzer
See also recent Second Circuit decisions in United States v. Manarite, 448 F.2d 583 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971); United States v. Petrov, 747 F.2d 824 (2d Cir.1984), cert. denied, — U.S. —, 105 S.Ct. 2037 , 85 L.Ed.2d 318 (1985).
discussed
Cited "see, e.g."
In the Matter of the Application of Lafayette Academy, Inc., Appeal of United States of America
Compare the warrant listing in Andresen v. Maryland, 427 U.S. 463, 480-81 , 96 S.Ct. 2737 , 49 L.Ed.2d 627 (1976). 5 A similar argument was rejected in United States v. Marti, 421 F.2d 1263, 1268-69 (2d Cir. 1970), Cert. denied, 404 U.S. 947 , 92 S.Ct. 287 , 30 L.Ed.2d 264 (1971) 6 We may assume without so deciding that the affidavit established probable cause for the search and seizure of all FISLP-related documents evidencing fraud in connection with Lafayette's participation in the program; the warrant, however, did not limit the items to be seized to those connected with FISLP 7 A second g…
cited
Cited "see, e.g."
United States v. William Pinkus, Doing Business as \Rosslyn News Company\" and \"Kamera
See also United States v. Manarite, 448 F.2d 583, 593 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971).
discussed
Cited "see, e.g."
Pinkney v. United States
(2×)
See, e. g., United States v. Manarite, 448 F.2d 583 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971) (defendant arrested in his apartment which was searched; seizure of items “near which several unidentified persons were standing” upheld); United States v. Berryhill, 445 F.2d 1189 (9th Cir. 1971) (defendant driving car arrested and removed from car; search of passenger’s handbag for weapons upheld).
discussed
Cited "see, e.g."
United States v. Joseph N. Palladino, Joseph N. Palladino, Jr.
(2×)
See also United States v. Manarite, 448 F.2d 583, 593 (2d Cir.), cert. denied, 404 U.S. 947 , 92 S.Ct. 281 , 30 L.Ed.2d 264 (1971) 8 He adds the necessary caveat, "Of course the testimony of experts would not displace judge or jury in determining the ultimate question whether the particular book is obscene, any more than the testimony of experts relating to the state of the art in patent suits determines the patentability of a controverted device." 361 U.S. at 165 , 80 S.Ct. at 225 9 Defendants assert that the Supreme Court in Wiener v. California, 404 U.S. 988 , 92 S.Ct. 534 , 30 L.Ed.2d 539 …
Retrieving the full opinion text from the archive…
Huber et vir
v.
United States
v.
United States
No. 71-5256.
Supreme Court of the United States.
Nov 9, 1971.
Published
Citer courts: Second Circuit (3)
C. A. 5th Cir. Certiorari denied.