To be fair, a prosecutor or even a defender should use any precedent that buttresses their case. That's how the legal system works - two sides engaging with everything they can in a clash to hopefully extricate the truth and justice. I know that using the Ulbricht case in this way is not popular in Bitcoinland, but to not do so would be litigiously irresponsible. 

 i don't think you need to be Devil's advocate for the US legal system.