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Document 39 Entered on FLSD Docket 09/13/2010 Page 4 of 4 Jay Howell, Esq. [email protected] Jay Howell & Assoc. 644 Cesery Boulevard Suite 250 Jacksonville, FL 32211 CERTIFICATE 9F SERVICE I HEREBY CERTIFY that on September 13, 2010 I electronically filed the foregoing document with the Clerk of the C
7 of 9 at the insistence of the U.S. Attorney's Office. There is no reason to dismiss the case precipitously now on the eve of a final resolution. The Eleventh Circuit has repeatedly noted that dismissal with prejudice is an "extreme sanction" and "is plainly improper unless and until the district court finds a cle
lular telephone. Although both the defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or intend that the call pass in interstate commerce. The Eleventh Circuit was u
. The statute does not define "facility or means of interstate commerce" or "prostitution." 1. A telephone is a "facility of interstate commerce." The Eleventh Circuit, however, has ruled that evidence of the use of a cellular telephone satisfies the element of using a facility or means of interstate commerce. Unit
lular telephone. Although both the defendant and the agent were in Georgia, the signals to the agent's cell phone had to pass through VoiceStream's Jacksonville, Florida switching center. The defendant argued that he did not know or intend that the call pass in interstate commerce. The Eleventh Circuit was u
. The statute does not define "facility or means of interstate commerce" or "prostitution." 1. A telephone is a "facility of interstate commerce." The Eleventh Circuit, however, has ruled that evidence of the use of a cellular telephone satisfies the element of using a facility or means of interstate commerce. Unit
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