The following excerpt is from U.S. v. Showalter, 569 F.3d 1150 (9th Cir. 2009):
This language was used in the context of the district court's summary of the arguments presented by the parties, not an evaluation of the merits of the case or Showalter's defense. What Showalter calls "negative characterization" is actually common language used by attorneys and the court to discuss legal claims. It would be difficult for a court to discuss a case without using words such as "allegedly," "contends," and "claims." As correctly stated by the government, "[t]he court's qualifying language was merely a method of recounting the facts and arguments as alleged or asserted by the parties without making unnecessary factual findings."
4. United States v. McTiernan
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