See Webster's II New Riverside University Dictionary 992, 1257 (1994). In United States v. Bevill, 611 Fed.Appx. 180 (5th Cir. 2015) (unpublished), we also turned to the dictionary, there the Oxford English Dictionary ("OED"), to define these terms in similar fashion. See id. at 183 n.5 (noting OED defines underlying in part as "[l]ying under or beneath" and related to in part as "connected or having relation to something else"); see also OED Online, Oxford University Press 2017, http://www.oed.com/view/Entry/211817 and http://www.oed.com/view/Entry/161808#eid25955656 (last visited March 30, 2017).
Bevill appealed his conviction, asserting that his prosecution violated a plea agreement from that prior proceeding. United States v. Bevill, 611 Fed.Appx. 180, 182 (5th Cir. 2015). We affirmed his conviction.
United States v. Bevill, 611 Fed.Appx. 180, 180-82 (5th Cir. 2015) (per curiam) (footnote added).
In other words, the offenses are temporally distinct because Whisneant did not possess most, if not all of the butanediol he is charged with possessing until well after the silencer transfer had occurred. Cf. United States v. Bevill, 611 Fed.Appx. 180, 181-83 (5th Cir. 2015) (“[A]lthough the offenses alleged in the 2011 indictment involved a similar scheme to that alleged in the 2010 information, the fraudulent acts occurred at different times and involved different victims.”). Despite the geographical similarity, the charged offenses are temporally distinct.