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said to act purposefully if 'he consciously desires that result, whatever the likelihood of that result happening from his conduct.' United States !Bailey, 444 U.S. 394, 404 (1980), quoting United Slates u United Slates Gypsum Co., 438 U.S. 22, 445 (1978).7 The Supreme Court has repeatedly interpreted
6 Entered on FLSD Docket 02/10/2016 Page 9 of 24 LAW OFPIcES OF GERALD B. LEFCOURT. BC. Jeffrey Matthew Esq. Andrew !Anne Es . Escl• e nite tates Attorney's Office Southern District of Florida July 6, 2007 Page 8 the mail, phone, etc., would be an unnatural and grammatically inaccurate reading of the
e to the statute: "The statute only applies to those who 'knowingly' persuade or entice, or attempt to persuade or entice, minors. United States v. Bailey, 228 F.3d 637, 639 (6th Cir. 2000). See United States v. Panfil, 338 F.3d 1° Indeed, this last problem is best illustrated by any call may claim t
RENATO C. STABILE FAITH A. FRIEDMAN BY FEDERAL EXPRESS July 6, 2007 Esq., First Assistant United States Attorney Esq., Chief, Criminal Division tates Attorney's Office Southern District of Florida 99 NE 4u' Street Miami, Florida 33132 De uty Chief, Northern Region Assistant United States Attorney e nit
e to the statute: "The statute only applies to those who `knowingly' persuade or entice, or attempt to persuade or entice, minors. United States v. Bailey 228 F.3d 637, 639 (6th Cir. 2000). See United States v. Panfil, 338 F.3d 10 Indeed, this last problem is best illustrated by any calls may claim to
the exercise of sentencing discretion, allowing the punishment to fit both the crime and the EFTA00284178 LAW orfKC• OF GERALD B. LEECOURT. PC tates Attorney's Office Southern District of Florida July 6, 2007 Page 5 perpetrator. Section 2422(b), with its ten-year mandatory minimum is far too blunt a tool
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