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moved for summary judgment (together, the motions).
Rule 121 provides for summary judgment. Summary judgment
may be granted with respect to all or any part of the legal
issues in controversy "if the pleadings, answers to
interrogatories, depositions, admissions, and any other
acceptable materials, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that a
decision may be rendered as a matter of law." Rule 121(a) and
(b).
We are satisfied that there is no genuine issue as to any
material fact and that a decision may be rendered as a matter of
law. For the reasons that follow, we shall grant respondent’s
motion for summary judgment and deny petitioner’s.
Background
Introduction
We draw the following facts from the pleadings, requests for
admissions (together with any objections or responses thereto),
the motions, memoranda in support of the motions, responses to
the motions, other documents filed with the Court, and reports of
the Court of Appeals for the Eleventh Circuit concerning criminal
proceedings involving petitioner and others; viz United States v.
McCorkle, 321 F.3d 1292 (11th Cir. 2003), and United States v.
Venske, 296 F.3d 1284 (11th Cir. 2002). Principally, we rely on
the Statement of the Facts contained in respondent’s Memorandum
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