Epstein Secrets

non v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 42, 43 xxiv EFTA00099965 Washington v. Glucksberg, 521 U.S. 702 (1997) Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017). Zafiro v. United States, 506 U.S. 534 (1993) 151 passim 209,210,220 Zicarelli v. Dietz, 633 F.2

he categorical approach. 39 EFTA00100006 `Involving' . . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 (citing Nijhawan v. Holder, 557 U.S. 29,38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Weing

non v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 42, 43 xxiv EFTA00077630 Washington v. Glucksberg, 521 U.S. 702 (1997) Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017) Zafiro v. United States, 506 U.S. 534 (1993) 209, 151 passim 210, 220 Zicarelli v. Dietz, 633 F

the categorical approach. 'Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 39 EFTA00077671 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

non v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 42, 43 xxiv EFTA00039445 Washington v. Glucksberg, 521 U.S. 702 (1997) Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017) Zafiro v. United States, 506 U.S. 534 (1993) 209, 151 passim 210, 220 Zicarelli v. Dietz, 633 F

the categorical approach. 'Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 39 EFTA00039486 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

2005) 155 Vernon v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 32, 33 Washington v. Giucksberg, 521 U.S. 702 (1997) 104 Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017) passim Zafiro v. United States, 506 U.S. 534 (1993) 140, 147 Zicarelli v. Dietz, 633 F.2d 312 (3d

r the categorical approach. `Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.I 39 EFTA00095131 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

non v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 42, 43 xxiv EFTA00103023 Washington v. Glucksberg, 521 U.S. 702 (1997) Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017) Zafiro v. United States, 506 U.S. 534 (1993) 209, 151 passim 210, 220 Zicarelli v. Dietz, 633 F

the categorical approach. 39 EFTA00103064 `Involving' . is equally consistent with applying a fact-based approach." 865 F.3d at 60 n.11 (citing Nijhawan v. Holder, 557 U.S. 29, 38 (2009) (applying the circumstances-specific approach to a statute containing the word "involves")). Moreover, as the Wein

andgraf v. USI Film Products, 511 U.S. 244 (1994) Leocal v. Ashcroft, 11 passim 543 U.S. 1 (2004) 11 Martin v. Hadix, 527 U.S. 343 (1999) 6 Nijhawan v. Holder, 557 U.S. 29 (2009) 12, 13 Shular v. United States, 140 S. Ct. 779 (2020) 11, 14 Toussie v. United States, 397 U.S. 112 (1970) 8, 9

5 (W.D.N.Y. May 8, 2014) 15 Vernon v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 9 iii EFTA00028906 --- PAGE BREAK --- Weingarten v. United States, 865 F.3d 48 (2d Cir. 2017) 5, 6, 7, 13 Statutes 18 U.S.C. § 2422(a) 2, 13, 14, 15 18 U.S.C. § 2423(a) 2, 13, 14, 15 18 U.S.

the government cites in which the Court applied a fact-based approach to an "offense involving" statute—does not break this line of cases at all. In Nijhawan, the statutory provision at issue referred to "an offense that . . . involves fraud or deceit in which the loss to the victim or victims exceeds $1

19). Though it has not authoritatively settled the question, the Second Circuit has strongly suggested that Maxwell's approach is the wrong one. In Weingarten v. United States, 865 F.3d 48, 58-60 (2d Cir. 2017), the Second Circuit discussed at length how the text, context, and history of § 3283 show that

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an

19). Though it has not authoritatively settled the question, the Second Circuit has strongly suggested that Maxwell's approach is the wrong one. In Weingarten v. United States, 865 F.3d 48, 58-60 (2d Cir. 2017), the Second Circuit discussed at length how the text, context, and history of § 3283 show that

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an

19). Though it has not authoritatively settled the question, the Second Circuit has strongly suggested that Maxwell's approach is the wrong one. In Weingarten v. United States, 865 F.3d 48, 58-60 (2d Cir. 2017), the Second Circuit discussed at length how the text, context, and history of § 3283 show that

t . . . involves fraud or deceit in which the loss to the victim or victims exceeds $10,000" is "consistent with a circumstance-specific approach." Nijhawan v. Holder, 557 U.S. 29, 32, 38 (2009) (emphasis added). Thus, the word "involves" generally means that courts should look to the circumstances of an