The following excerpt is from U.S. v. Capo, 791 F.2d 1054 (2nd Cir. 1986):
The terms of the statute--"us[ing] intimidation ... or attempt[ing] to do so"--plainly make unlawful not only intimidation, but attempted intimidation. We see no requirement in the statute that the attempt must have succeeded; nor will we imply one. Cf. United States v. Cioffi, 493 F.2d 1111, 1119 (2d Cir.) ("[t]he endeavor, whether
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