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I use experience you know, i have no idea whatsoever. And pozner suggested, i think i picked that up go and do empirical research. Why doesnt the government do it . Commissions tried to do it. Doesnt know where to begin. There are so many statutes. I think, Justice Breyer the very difficulty and unmanageability of the enterprise suggests it is not what congress had in mind. What congress had in mind was identifying classes of offenses that judges are confident involve serious potential risks of physical injury to another possibly the similarity in kind inquiry when the mens rea isnt satisfied. What Congress Expected courts to do was to analyze what the conduct is that is involved in it, compare it to the listed offenses and see if the risks are similar. Does the department of justice does the department of justice do any of that . Is one that the prosecutor asks for, and is there any guidance coming from the department of justice, guidance to the u. S. Attorneys, who are going to be as

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