Epstein Secrets

" Id. Any suggestion that the government's search here was "particularly offensive" due to the location and duration of the search runs counter to the Supreme Court's admonitions in Johns and Montoya de Hernandez. It also effectively requires the government to supply every port of entry with the equipment and st

ion is consistent with how our circuit and others have articulated the doctrine. See, e.g., United States v. Villasenor. 608 F.3d 467. 471-72 (9th Cir.2010); United Stales v. Yang, 286 F.3d 940.945-46 (7th Cir.2002); United States v. Hyde, 37 F.3d 116. 120 n. 2 (3d Cit 1994); United States v. Santiago,

th Cir.2010); United States v. Meacham, supra, 115 F.3d at 1495.96. We can place the blame for judicial preoccupa- tion with the word "dominant" on the Supreme Court, which in Mortensen v. United States, 322 U.S. 369, 374, 64 S.Ct. 1037, 88 L.Ed. 1331 (1944) , a Mann Act case, said that engaging in forbidden se

or would have differed substan- tially. See, e.g., United States v. Snow, supra, 507 F.2d at 24; United States v. Farley, 607 F.3d 1294, 1335 (11th Cir.2010); United States v. Meacham, supra, 115 F.3d at 1495.96. We can place the blame for judicial preoccupa- tion with the word "dominant" on the Supreme

the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

se at trial." United States v. Torres, 901 F.2d 205, 234 (2d Cir. 1990), abrogated on other grounds by United States v. Marcus, 628 F.3d 36, 41 (2d Cir.2010) (emphasis added) (internal quotation mark omitted). Accordingly, "[a] bill of particulars is required `only where the charges of the indictment are