Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ruffin, 613 F.2d 408 (2nd Cir. 1979):
Some of the language in the opinion in United States v. Lester, also cited by the majority, does indicate that Section 2(b) can be used as the majority is doing here. But in Lester the question did not arise under a substantive criminal statute; the conviction on appeal was for conspiracy in violation of 18 U.S.C. 371. Moreover there was a strong and well reasoned dissent.
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