Court of Appeals for the Second Circuit November 25, 1980, 233, Docket 80-1233 (United States v. John Von Barta)

IRVING R. KAUFMAN, Circuit Judge:

The centuries-long trend toward greater sophistication in the criminal law has increasingly blurred the line between criminal and noncriminal misbehavior. While defining lawless conduct is primarily a legislative function, courts have mitigated the severity of penal sanctions by construing ambiguous statutes against the Government.