The following excerpt is from U.S. v. Canales, 91 F.3d 363 (2nd Cir. 1996):
The rule of lenity "requires the sentencing court to impose the lesser of two penalties where there is an actual ambiguity over which penalty should apply." United States v. Fisher, 58 F.3d 96, 99 (4th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 329, 133 L.Ed.2d 229 (1995). The rule is inapplicable unless "after a court has seize[d][on] every thing from which aid can be derived, it is still
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