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Issue Statements, Soc And Point Headings

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Lance Tennyson Clifford Ammons Section Z Mailbox # 282 Issue Statements, SOC & Point Headings September 2, 2014 On my honor, I submit this work product in good faith and in accordance with the Rules of Court for the Twelfth Circuit Court of Appeals. I pledge that I have neither given nor received improper aid in its completion. /s/ Lance Tennyson Lance Tennyson STATEMENT OF THE ISSUES I. Under 18 U.S.C. § 666(a)(1)(b), a defendant is guilty of bribery if they accept something of value of $5000 or more from another person with the intent to be influenced in their actions as an agent of such government. But this circuit has yet to decide if specific quid-pro-quo intent is required for a conviction. In deciding whether this intent is an element of the crime, will the mere inference of agreement suffice or the more heightened standard of an express agreement? II. 18 U.S.C. § 4241(d) states that a person will stand trial unless it is proved by a preponderance that he is unable understand the nature and consequences of the proceedings against him or to properly assist in his own defense. The court below found that the defendant failed to carry his burden of proof and was competent to stand trial. Under § 4241(d), should the defendant bear the burden of proof to establish his incompetency to stand trial, following Supreme Court precedent and the majority of sister circuits, or should the burden rest with the government to prove

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