Federov v. United States

There are times when jurisprudence, like politics, makes strange bedfellows. Largely for the reasons stated by my colleagues, I find myself in respectful but emphatic disagreement with the two trial judges with regard to the appropriate analysis of the principal issues in the case. I also agree with much — perhaps most — of the legal discussion in the majority opinion. Nevertheless, I am persuaded that the judgments below should be affirmed. In my opinion, appellants have not made an adequate initial showing either that they are similarly situated to those persons charged with unlawful entry…