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idence. This is an exercise in chain upon chain of conjecture that comes nowhere close to meeting the burden of demonstrating actual prejudice. See Spears, 159 F.3d at 1085 ("[A] defendant must do more than show that a particular witness is unavailable and that the witness' testimony would have helped
to extend the period of limitations without running afoul of the ex post facto clause, provided the original period has not already run.") (citing Falter, 23 F.3d at 425-26). And other circuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief 438 F.3d, at 922-25; Jeffrie
idence. This is an exercise in chain upon chain of conjecture that comes nowhere close to meeting the burden of demonstrating actual prejudice. See Spears, 159 F.3d at 1085 ("[A] defendant must do more than show that a particular witness is unavailable and that the witness' testimony would have helped
r to extend the period of limitations without running afoul of the ex post facto clause, provided the original period has not already run.") (citing Falter, 23 F.3d at 425-26). And other circuits have emphasized this distinction in the context of § 3283. United States v. Leo Sure Chief, 438 F.3d 920, 9
idence. This is an exercise in chain upon chain of conjecture that comes nowhere close to meeting the burden of demonstrating actual prejudice. See Spears, 159 F.3d at 1085 ("[A] defendant must do more than show that a particular witness is unavailable and that the witness' testimony would have helped
to extend the period of limitations without running afoul of the ex post facto clause, provided the original period has not already run.") (citing Falter, 23 F.3d at 425-26). And other circuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief, 438 F.3d, at 922-25; Jeffri
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