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JAMES BROGAN, PETITIONER v. UNITED STATES

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

[January 26, 1998]

Justice Souter, concurring in part and concurring in the judgment.

I join the opinion of the Court except for its response to petitioner's argument premised on the potential for prosecutorial abuse of 18 U.S.C. § 1001 as now written (ante, 7-8). On that point I have joined Justice Ginsburg’s opinion espousing congressional attention to the risks inherent in the statute's current breadth.