Monday, October 6, 2008

The Austin Powers Defense

When someone walks up to you at that random cocktail party and asks you about the Austin Powers defense you should really know what they are talking about. In the Case U.S. v. Kevin Martin, 438 F.3d 621, in Footnote 1 of the opinion Judge Gilman makes the following statement:

See also Austin Powers: International Man of Mystery (New Line Cinema 1997).DR. EVIL: Scott, I want you to meet Daddy's nemesis, Austin Powers.SCOTT EVIL: Why are you feeding him? Why don't you just kill him?DR. EVIL: In due time.SCOTT EVIL: But what if he escapes? Why don't you just shoot him? What are you waiting for?DR. EVIL: I have a better idea. I'm going to put him in an easily-escapable situation involving an overly-elaborate and exotic death.SCOTT EVIL: Why don't you just shoot him now? Here, I'll get a gun. We'll just shoot him. Bang! Dead. Done.DR. EVIL: One more peep out of you and you're grounded. Let's begin.Prior to this exchange and then again following it, Dr. Evil describes in great detail the separate crimes necessary to achieve his plan for world domination. Thus, if our Government ever does find Dr. Evil (or chooses to prosecute him despite his recent decision to be “less evil,” see Austin Powers in Goldmember (New Line Cinema 2002)), he will be one of the few, if any, criminal defendants, able to argue, consistent with this Circuit's precedent, that all of his various crimes were “related” for purposes of the Guidelines.

Now you won't be clueless when this nice little oddity comes up at those swanky bars and parties you attend.

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