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"coerce" minors to travel to engage in prohibited sexual conduct and "enticing" minors to engage in commercial sex acts. (S2 Ind. ¶¶ 12, 24, 27).1° Webster's Dictionary defines the word "entice" to mean "to attract artfully or adroitly or by arousing hope or desire; tempt" and the further explains that
ade such a finding here, the Court cannot apply the 2004 Guidelines and must instead apply the 2003 Guidelines. Several appellate courts, including the Second Circuit, have held that if the end date of the offense conduct dictates whether, consistent with the Ex Post Facto Clause, a harsher penalty may apply to t
advance the 3 search for truth. And here we have a conspiracy, and I'm using 4 that term not as a lawyer but as a layperson for this purpose. 5 Webster's defines to conspire means to join together in a 6 secret agreement to do an unlawful or wrongful act or an act 7 which becomes unlawful as a re
hat we proposed to the Court about the 18 financial status comes from the very cases that are in the 19 Second Circuit, and that's the words that the Second Circuit 20 and district courts in the Southern District use. And I quote 21 from Tillery: No evidence as to defendant's financial status 22 may be pres
mental position"; to "induce" is "to move and lead (as by persuasion or influence)"; and to "en- tice" is "to draw on by arousing hope or desire." Webster's Third New International Dictionary 757, 1154. 1687 (unabridged ed.1993). EFTA00192294 1236 494 FEDERAL REPORTER, 3d SERIES must (1) advance
. Nathan FLEISCHER, Petitioner, COMMISSIONER OF INTERNAL REV- ENUE, Respondent Nos. 219-220, Dockets 31638-91639. United States Court of Appeals Second Circuit. Argued April 9, 1968. Deckled Oct. 31, 1968. Proceedings on petition for review of decision and order of Tax Court that taxpayer's deductions f
is whether admitting the evidence will advance the search for truth. and I'm using that term not as a lawyer but as a layperson for this purpose. Webster's defines Of course once you determine that something's relevant, you then have to consider possible prejudicial effect. Obviously this is a case
And they take the Fifth. So there we are. The question is, are we going to conceal that from the jury or are we going to present it to them? Well, the Second Circuit case that your Honor is well familiar with, LiButti, sets out the factors that have determined that issue, and one of the things we hear from the
e attorneys of the United States in their control over criminal prosecutions." 819 F2d at 1312 (internal quotation omitted); see also taRoucht v. Webster, 666 F$upp. 415, 417 (S.D.N.Y.1983) (holding that the separa- tion of powers prevents courts from interfer- ing in federal criminal investigations e
ers, Inc., Petitioners-Ap- pellees, v. UNITED STATES of America, Respondent-Appellant. No. 474, Docket 95-6119. United States Court of Appeals, Second Circuit. Argued Aug. 81, 1996. Decided Oct. 17, 1996. Government appealed from order en- tered in the United States District Court for the Eastern Distri
njure, hurt, or damage ... to commit recent as- sault on." Id. at 1207; United States Pallares- Galan, 359 F.3d 1088, 1100 (9th Cir.2004) (quoting Webster's Third New Intl Dictionary 8 (3d ed.1981)). We have explained that this definition "encompass(es) behavior that is harmful emotion- ally and physi
f- fense, which applies? United States, ev rel. Harris' Daniels, 279 Fed. 844 (2nd Cir.I992), provides guidance on this issue. In Ex. rel. Harris, the Second Circuit was faced with a potential conflict between two senten- cing provisions, one which permitted " 'all sen- tences' of summary court-martial [to] be ca
ionary cited by the Supreme Court in Raich only refers to "the production, distri- bution, and consumption of commodities," more recent versions of Webster's have ad- ded "services" to the defmition. See, e.g.. Merriam Webster's Collegiate Dictionary 364 (10th ed.I993) (defining "economics" as the soc
, 259 F. 35, 38, and De- moth United States, 144 F. 363, 366, 6 I.R.A., .S., 424, 7 Ann.Cas. 121; by the decision of the Circuit Court of ala of the Second Circuit in Reed ■ United States, 2 Cir., 96 F2d 785, 787, rtlorarl denied 305 U.S. 612, 59 S.Ct. 71, 83 LEd. 399; and by the rulin of the Supreme Court
by omission of material facts in his representations [to counsel].” Florida Bar v. Joy, 679 So. 2d 1165, 1166-68 (Fla. 1996). See also Florida Bar re Webster, 647 So. 2d 816 (Fla. 1994) (petition for reinstatement denied due to “misrepresentation by omission”). | 442 In Feinberg, 760 So. 2d at 938, the cou
o dozens of victims who were abused in Florida. 2 While beyond the scope of a bail hearing, as discussed further below, it is well-established in the Second Circuit that absent an express provision to the contrary in the agreement, one District is not bound by the terms of an agreement entered into between a defe
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