To characterize the first element as a "distortion," however, requires the concurrence to second-guess the way in which the state court resolved a plain conflict in the language of different statutes.
Justice Scalia suggested various approaches the federal government could take to make sure the states confined dangerous people after they had served their sentences, prompting a response from Justice John Paul Stevens. "I guess we can all think of a lot of different statutes," Justice Stevens said.
While staff members from the two entities spoke about their efforts, they were looking at potential violations of different statutes and their investigations took place separately.
Mr. Sarao traded bets on stock market indices, and so is accused by the Commodities Futures Trading Commission and Department of Justice of violating an entirely different statute than the one enforced by the SEC (and a different portion of the statute than arguably covered spoofing prior to 2010).
Different statutes of limitations dictate claims on private collections, and the rising value of the disputed artworks has raised the stakes for everyone.
There are different statutes of limitation for bringing actions against wrongdoers to recover funds.
Adem, who cut off his 2-year-old daughter's clitoris with a pair of scissors, was prosecuted under a different statute than Nagarwala.
"Based on my reading of different state statutes, it is not clear if it is illegal or not," said Mike Godwin, a lawyer who is the author of "Cyber Rights: Defending Free Speech in the Digital Age" (Times Books, 1998).
Judge Cote relied on a different provision of the restitution statute that allows for reimbursement for any property of the victim's that was damaged or lost as a result of the crime.
Prosecutors further simplified their task by choosing to charge Mr. Drake not with transferring classified material to Ms. Gorman but with a different part of the espionage statute: illegal "retention" of classified information.
