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Process Clause of the Fifth Amendment because there is an insufficient nexus between Clark's conduct and the United States. We hold that, based on Clark's U.S. citizenship, application of § 2423(c) to his extra- territorial conduct is neither "arlitr ]or funda- mentally unfair." United States 905 F.
eal estate, bank accounts, investment accounts, a driver's li- cense, and a mailing address in this country. Fol- lowing a family visit in May 2003, Clark left Page 4 of 20 Page 4 Seattle and flew to Cambodia via Japan, Thailand, and Malaysia. He was traveling on a business visa that he renewed on
(C.A.11 (Ala.)) 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works. EFTA00192140 Page I of 20 Wesdaw. 435 F.3d 1100 435 F.3d 1100, 06 Cal. Daily Op. Serv. 696, 2006 Daily Journal D.A.R. 962 (Cite as: 435 F.3d 1100) H U.S. I. Clark C.A.9 (Wash.),2006. United States Court of Appeals,Ninth Circu
ssible to discharge in fact, and would serve no useful pur- pose." he same principle was stated in Russo United States, 2 Cir., 1957. 241 F.2d 5 (Clark, then Chief Judge. Lumbard and Waterman, C. JJ.). The Fourth Circuit rejected a taxpayer's contention which the court stated as follows: "The co
w.com/print/printstream.aspx?sv=Full&prft=HTMLE&fn=_top&mt=... 12/31/2007 EFTA00191934 Page 2 of 9 507 F.3d 1213 Page 2 507 F.3d 1213, 07 Cal. Daily Op. Serv. 13,202. 2007 Daily Journal D.A.R. 17,149 (Cite as: 507 F.3d 1213) The Court of Appeals generally defers to the district court in imposing s
s breaches a promise not to file additional c * • charges. The case cited by Peck, United States Clark, 55 F.3d 9 (1st Cir.1995), is inapposite. Clark, the Government agreed not to oppose a three-level downward departure for acceptance of responsibility. Id. at 12. In a sentencing memor- andum it
om/print/printstream.aspx?sv=Full&prft=HTMLE&fn=_top&mt=... 12/18/2007 EFTA00192001 Page I of 27 lAreStlaw. 504 F.3d 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
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