rcuit has stated, Icjomparing a criminal defend- ant to a merchant in the marketplace is an inappro- priate analogy that we have rejected." Innes v. Dalsheitn, 864 F.2d 974, 978 (2d Cir.1988), cert. denied, 493 U.S. 809, 110 S.Ct. 50, 107 L.Ed.2d 19 (1989). See United States v. Khan, 920 F.2d 1100, 1105