United States v. Neblock

SNYDER, Senior Judge,

with whom Senior Judge RAICHLE joins (dissenting):

I cannot add any substantive matter to Chief Judge Dixon’s thorough factual analysis of the instant case, with which I agree fully. However, I believe some comment is in order on what I believe to be two incorrect legal conclusions implicit in the majority opinion.

The majority’s position flows almost entirely from the manner in which the Government charged appellant, via so-called “course of conduct ” specifications, and its interpretation of what constitutes a “course of conduct.” This term is used quite commonly, but…