Epstein Secrets

t [ ] independent of the search." United States Brown, 328 F.3d 352, 357 (7th Page 8 Cir.2003) (inter

the least egregious conduct proscribed by the Montana stat- ute tngi6 must qualify as an offense "rela ' o ... sexual abuse." See id. at 1206-07; Valencia Gonzales, 439 F.3d 1046, 1052 & n. 3 (9th Cir.2 ). If such conduct does not qualify, the Montana statute is over-inclusive on its face. The Mon

See supra p. 33. FN 10. See supra n. 2. FN I 1. Defendant's reliance on United States v. Brown, 801 F.2d 352 (8th Cir.1986), is misplaced. In Brown, the Eighth Circuit determined that the defend- ant had breached a cooperation agree- ment, thus permitting the government to prosecute him for the

. Moulder, 141 F.3d at 571; Price, 95 F.3d at 367; United States v. Laday, 56 F.3d 24, 26 (5th Cir.1995); Wittie, 25 F.3d at 262; United States v. Valencia, 985 F.2d 758, 760 (5th Cir.I993). The government argues that the appropri- C 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.

in Shafer. In addition, Defendant has not even alleged that he would be prejudiced by the equita- ble tolling. See Baldwin County Welcome Cir. v. Brown, 466 U.S. 147, 152, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984) (discussing prejudice to the defendant as a factor the court must consider when determin

. Centner, 116 F.3d 473 (Table), 1997 WI. 328766, at *2 (4th Cir.1997); United States v. Leder, 23 F.3d 586, 591 (1st Cir.1994); United Stales v. Valencia, 907 F.2d 671, 680 (7th Cir. 1990); United States v. Gallishcaa 428 F2d 760 (2d Cir.I970). [4] As noted, there is sufficient evi- dence to allow a