Epstein Secrets

led that the term "conviction" in § 4B1.5(a) was ambiguous. The court noted that the it term is not defined in § 4B1.5(a), relying on nguage from the Supreme Court's decision in Deal United States. 508 U.S. 129, 131-32, 113 S.Ct. 1 3, 124 L.Ed.2d 44 (1993) ("It is certainly correct that the word 'conviction' c

the least egregious conduct proscribed by the Montana stat- ute tngi6 must qualify as an offense "rela ' o ... sexual abuse." See id. at 1206-07; Valencia Gonzales, 439 F.3d 1046, 1052 & n. 3 (9th Cir.2 ). If such conduct does not qualify, the Montana statute is over-inclusive on its face. The Mon

re, .'s treatment records from the Parent-Child Center, Inc. and Dr. Serge Thys are protected by the psychotherapist-patient privilege pursuant to the Supreme Court's decision in Jaffee'. Redmond, 518 U.S. 1, 116 S.Ct. 1923 3 EFTA00182846 Case 9:08-cv-80811-KAM Document 114 Entered on FLSD Docket 06/05/2009

. Moulder, 141 F.3d at 571; Price, 95 F.3d at 367; United States v. Laday, 56 F.3d 24, 26 (5th Cir.1995); Wittie, 25 F.3d at 262; United States v. Valencia, 985 F.2d 758, 760 (5th Cir.I993). The government argues that the appropri- C 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.

d.2d 771, vacated judgment of the Court of Appeals, and remanded. On remand, the Court of Appeals, 322 F.3d 240, again affirmed. On appeal the Su- preme Court, 124 S.Ct. 2783, affirmed the 775 decision which granted the preliminary in- junction, and remanded for trial. Holdings: On remand, the United Sta

. Centner, 116 F.3d 473 (Table), 1997 WI. 328766, at *2 (4th Cir.1997); United States v. Leder, 23 F.3d 586, 591 (1st Cir.1994); United Stales v. Valencia, 907 F.2d 671, 680 (7th Cir. 1990); United States v. Gallishcaa 428 F2d 760 (2d Cir.I970). [4] As noted, there is sufficient evi- dence to allow a