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t will adequately pro- tect and secure for the defendant the ben- efit of his bargain under the nonprosecu- tion agreement if he is entitled to it." Bailey, 34 F.3d at 691; see Bird, 709 F.2d at 392 (same). Here, Stolt-Nielsen and Wingfield may interpose the Agreement (as a defense to conviction) in
ea immunity from prosecution, but to provide him with a shield against successful prose- cution, available to him as a defense"); United States v. Bailey, 34 F.3d 683, 690- 91 (8th Cir.1994) (holding that an agree- ment "not to prosecute" protected the de- fendant from "the inherent risk of convic- tio
ppellees, U STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, et al., Defendants, Ken Ault, Defendant—Appellant. No. 81-5122 Non—Argument Calendar. United States Court of Appeals. Eleventh Circuit. April 14, 1989. Keith C. Tischler, Parker, Skelding, Cos- tigan, McVey & Labasky, Tallahassee, Fla., for defendant-appellant.
t- ing that the underlying conduct that 2422(b) criminalizes is the persuasion of the minor, rather than the sexual act it- self); United States v. Bailey, 228 F.3d 637, 639 (6th Cir2000) (observing that "Congress has made a clear choice to crim- inalize persuasion and the attempt to per- suade, not t
1 209-1047 Fax 561 820-8777 1 EFTA00192258 Harold Lee BATIELL, Appellant, UNITED STATES of America, Appellee (two cases). Nos. 18945, 19344. United States Court of Appeals Eighth Circuit. Nov. 19, 1968. Certiorari Denied Feb. 24,1969. See 89 S.Ct 865. Prosecution for having persuaded, induced, enticed, and caused
th Cir.2 ); United States Root, 296 F.3d 1222, 227-29 (11th ir.2002); United States Farner, 251 F.3di 510, 513 (5th Cir.200 ; United States Bailey, 228 F.3d 637, 639 (6th Cir.2000). Page 7 *782 [1] To convict under § 2422(b). the Government must prove the following elements beyond a reasona
which at times seems to be forgotten." LIZZA AND SONS, INC., Plaintiff, Appellant, Daniel A. D'ONFRO et al., Defendants, Appellees. No. 5571. United States Court of Appeals First Circuit. Aug. 18, 1960. Action by general contractor against contractor and surety for breach of al- leged subcontract. The United States
to do so," criminalizes both the enticement and the attempted enticement, but not the ac performance of the sexual activity. United States"! Bailey, 228 F.3d 637, 639 (6th Cir.2000) (intent to commit the sexual act is not required to prove attempt to persuade a minor to engage in sexual activi
737 504 F.3d 737, 07 Cal. Daily Op. Serv. 11,330, 2007 Daily Journal D.A.R. 14,672 (Cite as: 504 F.3d 737) H U.S. Sinerius C.A.9 (Mont.),2007. United States Court of Appeals,Ninth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Arthur Emil SINERIUS, Jr., Defendant-Appellant. No. 06-30327. Argued and Submitt
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