The following excerpt is from United States v. Ortiz, 11-4860 (L), 11-4931 (CON), 11-5221 (CON) (2nd Cir. 2013):
We review de novo the district court's denial of a motion to present an affirmative defense. See, e.g., United States v. Markle, 628 F.3d 58, 62 (2d Cir. 2010). After an independent review of the record, we conclude that the district court, for substantially the reasons set forth in its detailed memorandum decision, correctly concluded that defendants had
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