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Few cases in the past decade have been of greater value to federal criminal law practitioners than United States v. Ferguson, 2011 WL 3251464. As expected, the U.S. Court of Appeals for the Second Circuit rendered an erudite opinion with Chief Judge Dennis Jacobs writing for the panel, which was comprised of other members Judges Amalya Kearse and Chester Straub.1 What we intend to do in this article is not write of the specifics of the opinion as it necessarily refers to the facts of the case; but rather, canvas the discussion of the legal points that emerged from the case. A short statement of the facts, nonetheless, is in order, but, once again, the real importance of the case is the way it provides a primer for counsel on what is or is not the law on many issues. A table of contents was provided by the court to assist the reader in digesting all of the many points that were covered.

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