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vagrants standard for sentencing than a statement whether a crime is at the outset? i don t believe it deserves a lesser scrutiny because it is both mandatory and onerous. i am not talking about some other aspects but for that question. and frankly, it suggests that criminal statutes deserve greater scrutiny even though the licensing that gave rise to that statement of every application, they deserve greater scrutiny and this is one of the most onerous penalties we face in practice. i understand your argument. to add to the list of crimes or to have an element of a crime. that is the only thing nothing else. no, your no your honor, i do not mean to suggest that at all. it is a better congressional function. one move congress to take is to list every requirement they think. another is to say the statute has to have as an element a serious risk of injury to others. but sort of those two. your honor, i don t think listing them is that difficult. they list a large numbe
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