The following excerpt is from United States v. Kochonies, 19-733-cr (2nd Cir. 2020):
2. We addressed (but did not resolve) this very issue in United States v. Pagliuca, 767 F. App'x 93 (2d Cir. 2019) (non-precedential order), which aptly describes the relevant precedents and arguments in greater detail.
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