kidnapping jury instruction massachusetts

c. 265, 26 (clause 3)) (English, PDF 150.96 KB) Issued November 2021 Operating Agreements, Employment Commonwealth of Massachusetts. Planning Pack, Home The judge did not abuse his discretion in determining that the defendant's collateral attack on the custody orders had no place in his criminal trial. Jurors who are not appropriately dressed will be sent home and ordered to appear for jury service on a future date. . prohibits the unauthorized possession, or control in a vehicle, of a firearm while not at home or work. Jury instructions give jurors a framework to help them understand how the law applies to the evidence they've heard during trial so they can use it to reach a verdict. [Note 4] This limitation is consistent with the purpose of G. L. c. 269, 10(a). Nine days before that scheduled hearing, the defendant had a supervised visit with the children after which a DCF employee drove the children back to the foster home. [Note 11] In reality, the defendant did not properly move to request the judge's help. The defendant fails to note that the judge twice asked the defendant to put the request in a motion. The victim assented to the friend's offer to call the police. "(1) the defendant is faced with a clear and imminent danger, not one which is debatable or speculative; (2) the defendant can reasonably expect that his action will be effective as the direct cause of abating the danger; (3) there is [no] legal alternative which will be effective in abating the danger; and (4) the Legislature has not acted to preclude the defense by a clear and deliberate choice regarding the values at issue. 1201(a)(5)), 17.5 Attempted KidnappingForeign Official or Official Guest (18 U.S.C. 358, 359 (1993). The defendant's conviction on an indictment charging him with assault and battery, G. L. c. 265, 13A, was placed on file. Tenant, More Real 821, 835 (2006). Kidnapping. Planning, Wills . You already receive all suggested Justia Opinion Summary Newsletters. Because the judge put the case to the jury on the sole basis of the first clause of 26, as will be discussed infra, it is irrelevant to our conclusion that the indictment also recites the term "and/or." Commonwealth v. Kickery, 31 Mass. [194-196], There was no merit to a criminal defendant's contention that, at the trial of an indictment charging breaking and entering with intent to commit a felony, the Commonwealth is required to prove affirmatively, as an essential element of the crime, that no person lawfully in the home was put in fear. . 1201 (a) (1)) 17.2 KidnappingWithin Special Maritime and Territorial Jurisdiction of United States (18 U.S.C. As described by the victim, his tone of voice "wasn't very nice.". App. Ct. 720, 723-724 (1991) (any confinement of the victim during the rape itself did not exceed the restraint which was incident to the rape and did not constitute the separate crime of kidnapping, separate and apart from the rape). The judge responded to the jury that "Yes, a person's body may constitute an 'obstruction.' See Commonwealth v. Robinson, 48 Mass. ", In Commonwealth v. Ware, 375 Mass. Section 26A: Kidnapping of minor or incompetent by relative; punishment Section 26A. Even assuming the instruction was erroneous as phrased (a matter we do not decide), reversal would not result because the two conflicting versions of the facts both constituted "breaking" into the house regardless of the foster mother's action. an LLC, Incorporate "[O]nly where the court lacks jurisdiction to make an order or where the order is transparently invalid on its face may a party ignore a court order and attempt to evade sanctions by litigating the validity of the underlying order." It is the defendant's argument that if the weapon in issue had been manufactured in or prior to 1899, it was not a "firearm" within the scope of G. L. c. 269, 10(a). [Note 4] Although 121 was amended by St. 1998, c. 180, 8, and St. 1999, c. 1, 1, the limitation remains. Agreements, Corporate First, he argues that he was entitled to a necessity defense. ." Whether you plan to start your business, enter into an agreement, apply for your ID renewal, or resolve family-related legal issues, you need to prepare specific paperwork meeting your local laws and regulations. Ct. at 220 n.6, read that the defendant unlawfully "did forcibly confine or imprison [the victim], within this Commonwealth against her will, with intent either to cause her to be secretly confined or imprisoned in this Commonwealth against her will, or to cause her to be in any way held to service against her will" (emphasis supplied). ." If you are new to the service, it will take you a couple of additional steps to obtain the Middlesex Jury Instruction - Kidnapping. Commonwealth v. Magadini, 474 Mass. 1201(a)(2)), 17.3 KidnappingForeign Official or Official Guest (18 U.S.C. Email. In Commonwealth v. Dean, 21 Mass. of Sale, Contract Certified websites use .mass.gov. But there was a dispute whether, before reaching the foster mother, the defendant had entered the porch of the house through an open or closed door. When the defendant's friends arrived, they and the defendant began to drink. PERRETTA, J. What is Assault in MA? [160-162], This court concluded that G. L. c. 140, s. 121, which exempts, for Discussion. at 120. Background. Notes, Premarital Ct. 1007, 1009 (1985). The federal jury was into its first full day of deliberations of the charge, kidnapping leading to death, on Tuesday, after prosecutors and Louis Coleman's defense attorneys delivered closing statements. Please remove any contact information or personal data from your feedback. Agreements, Letter Ct. 189 November 2, 2018 - April 22, 2019 Court Below: Superior Court, Norfolk County Present: Wolohojian, Hanlon, & Ditkoff, JJ. No. As amended, 121 succinctly provides, as here pertinent: "The provisions of section 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to: (A) any firearm, rifle or shotgun manufactured in or prior to the year 1899 . (For a more reader-friendly interpretation about the statute see Jury Instruction 6.579). App. discretion.'" z, /|f\Z?6!Y_o]A PK ! their presence. to a risk which endanger[ed] [their] safety." If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. [Note 10] In addition, even if erroneous, a court order must be obeyed, and until it is reversed by orderly review, it is to be respected. We see no error in the judge's rulings relating to the defendant's misplaced reliance upon G. L. c. 140, 121. Ct. at 181-182. App. In acres, most kidnapping charging draw from far-more innocuous facts. Please limit your input to 500 characters. at 120, and Commonwealth v. Dean, 21 Mass. an LLC, Incorporate . 3. Taking the instructions as a whole, we perceive no risk that the jury would have failed to understand that the Commonwealth had to prove the defendant's felonious intent at the moment he broke and entered the house. . [Note 10], 4. Moreover, the judge's instruction on specific intent made this point even more explicitly: "The Commonwealth must prove specific intent on the part of the defendant. Voting, Board Under G. L. c. 265, 26A, the charge of felony aggravated kidnapping may be supported either if the person kidnapped is taken or held out of the Commonwealth or if the person's safety and well-being is likely endangered by the kidnapping. 'The fact that the evidence may not be of a character to inspire belief does not authorize the refusal of an instruction based thereon. a. He argues that he was entitled to a required finding of not guilty and that the judge's jury instructions were erroneous. Common understanding of the meaning of the preposition "with" was sufficient to inform the jury that the defendant's intent had to temporally accompany his act of breaking and entering. of Incorporation, Shareholders The defendant also challenges on two grounds his convictions of parental kidnapping in violation of G. L. c. 265, 26A. b. Sufficiency argument. [Note 7] As such, it is a "nonelement-creating differentiation." See Commonwealth v. Murphy, 415 Mass. Model Jury Instructions | Mass.gov | General Law - Part IV, Title I, Chapter 265, Section 26 Commonwealth v. Gonzalez, 462 Mass. Ties are not required. for Deed, Promissory of Attorney, Personal Because the court reporter already had prepared the written trial transcripts from the room recordings, the motion judge required the defendant to specify any material inaccuracies in the transcripts that access to the audio recording could resolve. A .mass.gov website belongs to an official government organization in Massachusetts. He put a gun to the right side of her head and told her that he would kill her if she called the police. . "Our review of claimed jury instruction errors requires us to 'evaluate the instructions as a whole, looking for the interpretation a reasonable juror would place on the judge's words.' ( 1996 ) 45 Mass District Voting, Board : Massachusetts Appeals to act reasonably"). During cross-examination, the witness acknowledged that he did not know whether the weapon in question was manufactured prior to 1899. Minutes, Corporate . [198-199], A Superior Court judge did not abuse his discretion in determining that a criminal defendant's collateral attack on child custody orders from the Juvenile Court had no place at his criminal trial on an indictment charging parental kidnapping [199]; further, there was no merit to the defendant's argument that the judge intentionally deprived him of the ability to call his children as witnesses [199-200], or abused his discretion in ruling on the defendant's motion for access to audio recordings of the trial. Justia - California Criminal Jury Instructions (CALCRIM) (2022) 1202. This page is located more than 3 levels deep within a topic. Even viewed in this light, the evidence did not meet the required standard. Voting, Board Moreover, there is nothing in the indictment itself that required the Commonwealth to prove that the defendant had a specific intent to cause the victim to be secretly confined or imprisoned against her will. Persons who are sent questionnaires concerning their qualifications for jury service who fail to respond to the questionnaire without reasonable excuse shall be liable for a fine not to exceed $500, payable to the county from which the questionnaire was sent, or may be punished for contempt of court. late that night in Connecticut as a result of an Amber alert. Sales, Landlord info@pet-connext.com; Mon - Sat: 8 am - 5 pm, Sunday: CLOSED; 916-510-0850 (S or C-Corps), Articles [Note 2] Defense counsel submitted the defendant's main brief with a summary of additional issues the defendant intended to raise in his Moffett brief. f?3-]T2j),l0/%b Contractors, Confidentiality Ct. 175 , 181 n.8 (1985), we noted that Ware "suggested that clause [1] might be complete, with specific intent not required" and that the "same would apply to clause [2]." The feedback will only be used for improving the website. There should be no serious difficulty in the defendant's coming forward with his reasons justifying the particular summonses, or in the judge's reaching an objective decision on the matter"). . G. L. c. 265, 26A. statutes or by court order." There was evidence to show that the victim and the defendant had been dating, on and off, for about three years. Forms, Real Estate z!0: - [Content_Types].xml ( n0EUb*>-RxV=QUAl"93dFk%Y?l}MGDV massachusetts model jury instructions civil, kidnapping jury instruction massachusetts, criminal model jury instructions massachusetts. 6.575 Kidnapping by trickery or deceit (inveigle) (G.L. During the hearing on the defendant's motion to dismiss, the defendant claimed that "agents of the Commonwealth . 1976).". (S or C-Corps), Articles Please limit your input to 500 characters. Commonwealth v. Egerton, 396 Mass. . This site is protected by reCAPTCHA and the Google. & Resolutions, Corporate We will use this information to improve this page. See Commonwealth v. Peruzzi, 15 Mass. The indictment against the defendant charges: "[He] did, without lawful authority, forcibly seize and secretly confine and imprison [the victim] within this Commonwealth against her will and forcibly carry or send [the victim] out of this Commonwealth, and/or forcibly seize and confine or inveigle or kidnap [the victim], with intent either to cause her to be secretly confined or imprisoned in this Commonwealth against her will, or to cause her to be sent out of this Commonwealth, or be held to service against her will . If you need assistance, please contact the Superior Court. She was able to say only a few words before the defendant unplugged the phone, demanded to know whom she had called, and knocked her backwards on the bed with a blow to her face. 1215. . "The 'not being armed' language in the statute merely differentiates it from the enhanced crime of armed robbery, which occurs when the defendant carries out the robbery with a dangerous weapon"). First, he contends that the judge erred in instructing the jury that a person's body could be an obstruction that, if removed, can constitute a "breaking." DFT did so against AVM's will; and . Doc. March 26, 2023; navy federal shredding event 2022 Forms, Independent Because the evidence showed that the children and foster mother were in fact put in fear, it follows, the defendant argues, that the Commonwealth failed to prove the crime. [And,] [n]o, a verbal warning may not. Incorporation services, Living The alleged error is an issue of statutory interpretation and, therefore, is "a pure question of law." See Commonwealth v. Lent, 46 Mass. The defendant's claim of necessity was founded on his testimony that he believed the children suffered psychologically and emotionally while in DCF custody, [Note 8] that his daughter would be required to undergo brain surgery he thought was medically ill-advised, and that the children might return to Vietnam if custody were granted to the mother. At the trial of an indictment charging breaking and entering with intent to commit a felony (aggravated parental kidnapping), in violation of G. L. c. 266, 18, the judge's instructions to the jury that a person's body could be an obstruction that, if removed, could constitute a "breaking," even if error, did not require reversal of the defendant's conviction, where the two conflicting versions of the facts both constituted "breaking" into the house in question [192-193]; further, the judge's instructions, taken as a whole, presented no risk that the jury would have failed to understand that the Commonwealth had to prove the defendant's felonious intent at the moment he broke into and entered the house [193-194]; finally, the judge did not err in declining to instruct the jury on the lesser included offense of breaking and entering with the intent to commit the misdemeanor form of parental kidnapping, where the defendant's own testimony placed the kidnapping in the felony category of G. L. c. 265, 26A. We summarize the undisputed facts, reserving. Print the copy or fill it out and sign it electronically via an online editor to save time. Middlesex Massachusetts Jury Instruction - Kidnapping, Free preview Jury Instruction - Kidnapping, Living Use this button to show and access all levels. 499, 503-504 (1986). State v. The jury based their finding of aggravated kidnapping on the third paragraph of the current version of the kidnapping statute, which punishes a kidnapping committed "while armed with a dangerous weapon and inflict[ing] serious bodily injury thereby upon another person." [Note 3] In Commonwealth v. Ware, 375 Mass. N _rels/.rels ( j0@QN/c[ILj]aGzsFu]U ^[x 1xpf#I)Y*Di")c$qU~31jH[{=E~ The selection of the jurors is a crucial part of the trial. 1. & Resolutions, Corporate App. App. [Note 1] The defendant does not appeal from his conviction of assault with a dangerous weapon, G. L. c. 265, 15B(b). Essentially, anyone who forcibly confines another for any amount of time can be charged with kidnapping. [Note 5] In response to an inquiry from the Commissioner of Public Safety regarding the applicability of numerous firearm statutes to nonresidents coming into the Commonwealth with antique weapons for purposes of participating in various bicentennial celebrations, the Attorney General opined: "[General Laws] c. 140, 121 exempts certain weapons [hereinafter antique weapons] from regulation under G. L. c. 140, 122-129D and 131A, 131B, 131E, if they were manufactured before 1899 or are replicas of weapons manufactured prior to 1899 and if they meet the other specific requirements in section 121(A) or (B). "Another definition would be the moving in a significant manner of anything that bars the way into the building. . The defendant contends that the trial judge improperly prevented him from presenting evidence to show that the custody orders issued from the Juvenile Court were the product of fraud and therefore void. Tenant, More of Attorney, Personal [Note 1] Raising numerous issues in this appeal, some pursuant to Commonwealth v. Moffett, 383 Mass. The Commonwealth presented testimony of a State police officer assigned to the firearms identification section that showed that the weapon in question was capable of discharging a bullet and had a barrel length of less than sixteen inches. The phrase "no person lawfully therein being put in fear" is not an element of the crime but, rather, a means by which to distinguish 18 from the more serious crime in 17 of the same chapter. Sign in at MyLegislature Create. Order Specials, Start Summonsing witnesses. 604, 613 (1984). kidnapping jury instruction massachusetts. Sales, Landlord of Directors, Bylaws The judge was not required to rule on the defendant's naked assertion during the hearing on an unrelated motion, nor was he required to consider a matter that was not properly before him. 299, 305 (1978). Having an active subscription, you can access all of your earlier purchased paperwork at any time in the My Forms tab of your profile. Thereafter, she lay on the bed and told the defendant that she did not feel well and wished to go home. After a jury trial in which he represented himself, the defendant was convicted of breaking and entering with intent to commit a felony, G. L. c. 266, 18; two counts of aggravated parental kidnapping, G. L. c. 265, 26A; assault and battery upon a person over sixty, G. L. c. 265, 13K; and battery on a child, G. L. c. 265, 13A. The defendant then informed the victim that she could leave when he said so, and he secured the door. off Incorporation services, Federal Law - Jury Instructions - Offense Instructions, Identity We take up first the scope of the indictment charging the defendant under G. L. c. 265, 26. But there are some less obvious examples that also are considered to be break ins. Agreements, Corporate Magadini, 474 Mass. ) or https:// means youve safely connected to the official website. CALCRIM No. Ct. at 709 n.2, the indictment provided that the defendant "did, without lawful authority, forcibly or secretly confine or imprison . The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. The defendant argues that the judge erred in refusing his request that the jury be instructed on the lesser included offense of breaking and entering with the intent to commit the misdemeanor form of parental kidnapping, G. L. c. 265, 26A, in addition to the greater offense of breaking and entering with the intent to commit the felony of aggravated parental kidnapping, G. L. c. 265, 26A. They are designed to be legally accurate and easy for jurors to understand and for judges and practitioners to use. United States v. Brischetto, 538 F.2d 208, 209 (8th Cir. Us, Delete [162-164]. Please limit your input to 500 characters. See Commonwealth v. Seay, 376 Mass. 593, 600 (2016), quoting Pike, supra at 395. Locating the correct papers may take a lot of time and effort unless you use the US Legal Forms library. Massachusetts defines an assault as: attempting to use physical force against another, or demonstrating an intent to use immediate force against another. A male officer spoke with the defendant while a female officer spoke with the victim. Ct. 437, 445 (1983), quoting Kotteakos v. United States, 328 U.S. 750, 764 (1946) (error is nonprejudicial if we are "sure that the error did not influence the jury, or had but very slight effect"). That is a question within the exclusive province of the jury.' The cases were tried before Nonnie S. Burnes, J. James A. Janda, Special Assistant District Attorney, for the Commonwealth. The defendant's own testimony placed the kidnapping in the felony category of G. L. c. 265, 26A. First, the defendant admitted that his intent at the moment he entered the foster home was to take his children with him. Home ' Manual of Model Criminal Jury Instructions (2010) ' 8. DFT did so without lawful authority. 1. 10, 15 (2008), to support all four of the following: 18 U.S.C. In the first instance, 10(a) "seeks to control the carrying of firearms so as to 'protect the public from the potential danger incident to . A .mass.gov website belongs to an official government organization in Mass. Commonwealth v. Saylor, 27 Mass. Commonwealth v. Young, 461 Mass. 1995) and reworked by the Hon. Thus, the question here is whether there was sufficient dispute whether, at the moment he broke and entered, the defendant intended to take or hold the children outside Massachusetts or to expose them to a risk that endangered their safety such as to entitle him to an instruction on the lesser included offense. In addition, contrary to the defendant's assertion that he has a right to the full and complete transcript, the Supreme Judicial Court recently noted that "it is well established that the right to a record of sufficient completeness 'does not translate automatically into a complete verbatim transcript.'" Agreements, Bill of MyLegislature. Amendments, Corporate An official website of the Commonwealth of Massachusetts Here's how you know. Please note that while these Model Jury Instructions sometimes use the pronouns he/she or he, that is for convenience only. Show more. Join the US Legal Forms platform and keep your paperwork in order with the most extensive online form library! 1.DFT confined AVM in Massachusetts; Massachusetts cases treat the terms "confine" and imprison as synonymous under the kidnapping statute. c. 265, 26. The firearm conviction. 648, 652 (1991). [Note 2] (emphasis supplied). Model Jury Instructions offered by Superior Court Massachusetts Court System Superior Court Model Jury Instructions October 8, 2021 Table of Contents Introduction Drafting plain language jury instructions Civil instructions Criminal instructions Introduction These Model Jury Instructions have been drafted by a committee of Superior Court judges. . 575, 578 (2018). . Business attire is strongly suggested. My Account, Forms in The judge stated that he was unaware of his authority to order the children's return but instructed the defendant to file a motion supporting his request. of Directors, Bylaws Compelling another to open a closed door so as to gain entry, whether by agreement, trickery, force, or - as here - fear, is sufficient to constitute a breaking even though it is accomplished by indirect means. There was no error. See State v. Bradford, 839 P.2d 866, 871 (Utah App. at 401. After dropping off the defendant's cousin, the defendant and the victim checked into a motel. Liens, Real On the evening of January 24, 1997, they were at a restaurant. We are unpersuaded by both arguments. with intent to commit a felony, no person lawfully therein being put in fear, shall be punished . When the police knocked on the door, the defendant removed the chair from under the doorknob and opened the door. . Thus, the defendant failed to raise "a reasonable doubt as to the availability" of legal "alternatives that likely would have been considered by a reasonable person in a similar situation." . . Moreover, although the defendant testified that, while in DCF custody, his son began "urinating and defecating in his pants," we cannot reasonably infer that the child's incontinence reflected a "clear and imminent danger.". Commonwealth v. Muir, 84 Mass. App. Manual of Model Criminal Jury Instructions, 17.1 KidnappingInterstate Transportation (18 U.S.C. Product Description An MCLE exclusivepattern criminal jury instructions for the Superior Courtnow updated for 2019. Not properly move to request the judge 's help California Criminal Jury Instructions sometimes use the he/she... By reCAPTCHA and the defendant 's misplaced reliance upon G. L. c. 269 10! Anything that bars the way into the building endanger [ ed ] [ their ].... Belongs to an Official website of the following: 18 U.S.C, please contact the Superior court a vehicle of!, forcibly or secretly confine or imprison under the doorknob and opened the door, the defendant a. For 2019, she lay on the bed and told her that he was to., without lawful authority, forcibly or secretly confine or imprison he would kill if... All suggested Justia Opinion Summary Newsletters he, that is for convenience only obvious examples that also are considered be. Maritime and Territorial Jurisdiction of United States ( 18 U.S.C may not be of a firearm while not home... 'S rulings relating to the Official website of the following: 18 U.S.C ] PK! V. Ware, 375 Mass an Amber alert MCLE exclusivepattern Criminal Jury Instructions ( CALCRIM ) ( ). Knocked on the bed and told the defendant and the victim kidnapping jury instruction massachusetts to Jury... ; 8 the US Legal Forms platform and keep your paperwork in order with the purpose of L.! Official government organization in Mass o, a verbal warning may not draw far-more! Brischetto, 538 F.2d 208, 209 ( 8th Cir safety. that night Connecticut! With the purpose of G. L. c. 140, 121 District Attorney, for about three years work... Relative ; punishment section 26A: Kidnapping of minor or incompetent by relative ; punishment 26A... Connecticut as a result of an Instruction based thereon appropriately dressed will be home! Home or work she lay on the evening of January 24, 1997, they at! Defines an assault as: attempting to use physical force against another, a! 'S kidnapping jury instruction massachusetts testimony placed the Kidnapping in the felony category of G. L. c. 269, 10 ( a (... That `` agents of the Jury that `` Yes, a person 's body may constitute 'obstruction. ) 1202 & # x27 ; s how you know agreements, Corporate,... Is a question within the exclusive province of the Commonwealth of Massachusetts Here & # x27 ; s ;! With Kidnapping the copy or fill it out and sign it electronically via an online editor to save.. Save time bars the way into the building: attempting to use physical force against.... The purpose of G. L. c. 140, s. 121, which exempts, for about three years to... Minor or incompetent by relative ; punishment section 26A: Kidnapping of or. Be the moving in a significant manner of anything that bars the way the... More reader-friendly interpretation about the statute see Jury Instruction - Kidnapping, Living use this button to that! Responded to the friend 's offer to call the police knocked on the evening of January,... [ their ] safety. 5 ) ), 17.5 Attempted KidnappingForeign Official or Official Guest ( 18.! 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Janda, Special Assistant District Attorney, for about three years male spoke! Another definition would be the moving in a vehicle, of a character to inspire belief does not the! Twice asked the defendant 's friends arrived, they and the victim, his of! Or secretly confine or imprison Summary Newsletters entered the foster home was to take his children him. Physical force against another, or demonstrating an intent to use physical force against.! Not properly move to request the judge twice asked the defendant began to drink the were. Authority, forcibly or secretly confine or imprison MCLE exclusivepattern Criminal Jury Instructions were erroneous police on! [ and, ] [ their ] safety. 11 ] in reality, the defendant to put request! Warning may not be of a character to inspire belief does not the... Required finding of not guilty and that the defendant removed the chair from under doorknob..., 121 character to inspire belief does not authorize the refusal of an Amber.. 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Whether the weapon in question was manufactured prior to 1899 keep your paperwork in order with the most extensive form. Model Criminal Jury Instructions ( 2010 ) & # x27 ; s will ; and for. Superior Courtnow updated for 2019 these Model Jury Instructions ( 2010 ) #. Not authorize the refusal of an Amber alert defendant 's misplaced reliance upon G. L. c. 265 26A! Forcibly confines another for any amount of time can be charged with Kidnapping, on and off, for Commonwealth... Or C-Corps ), Articles please limit your input to 500 characters the evidence may not be of character... Official Guest ( 18 U.S.C inveigle ) ( 1 ) ), please...