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s that, "while not the equivalent of criminal a post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thorn v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]se
No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 164 United States v. Okwumabua, 828 F.2d 950 (2d Cir. 1987) 138 United States v. Olivieri, 740 F. Supp. 2d 423 (S.D.N.Y. 2010) 146 United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988) 147, 148 United States v. Page, 657 F.3d
d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
s improperly procured because of government misconduct, that testimony may still be used to prosecute that defendant for perjury." United States v. Olivieri, 740 F. Supp. 2d 423, 425 (S.D.N.Y. 2010) (citing United States v. Remington, 208 F.2d 567 (2d Cir. 1953); United States v. Winter, 348 F.2d 204 (2d
that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel
No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 164 United States v. Okwumabua, 828 F.2d 950 (2d Cir. 1987) 138 United States v. Olivieri, 740 F. Supp. 2d 423 (S.D.N.Y. 2010) 146 United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988) 147, 148 United States v. Page, 657 F.3d 12
. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
s improperly procured because of government misconduct, that testimony may still be used to prosecute that defendant for perjury." United States v. Olivieri, 740 F. Supp. 2d 423, 425 (S.D.N.Y. 2010) (citing United States v. Remington, 208 F.2d 567 (2d Cir. 1953); United States v. Winter, 348 F.2d 204 (2d
that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel
No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 164 United States v. Okwumabua, 828 F.2d 950 (2d Cir. 1987) 138 United States v. Olivieri, 740 F. Supp. 2d 423 (S.D.N.Y. 2010) 146 United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988) 147, 148 United States v. Page, 657 F.3d 12
. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
s improperly procured because of government misconduct, that testimony may still be used to prosecute that defendant for perjury." United States v. Olivieri, 740 F. Supp. 2d 423, 425 (S.D.N.Y. 2010) (citing United States v. Remington, 208 F.2d 567 (2d Cir. 1953); United States v. Winter, 348 F.2d 204 (2d
that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel
, No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 112 United States v. Okwumabua, 828 F.2d 950 (2d Cir. 1987) 97 United States v. Olivieri, 740 F. Supp. 2d 423 (S.D.N.Y. 2010) 101 United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988) 102 xvii EFTA00095084 United States v. Pa
the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
s improperly procured because of government misconduct, that testimony may still be used to prosecute that defendant for perjury." United States v. Olivieri, 740 F. Supp. 2d 423, 425 (S.D.N.Y. 2010) (citing United States v. Remington, 208 F.2d 567 (2d Cir. 1953); United States v. Winter, 348 F.2d 204 (2d
that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel
No. 07 Cr. 284 (RJS), 2008 WL 140966 (S.D.N.Y. Jan. 11, 2008) 164 United States v. Okwumabua, 828 F.2d 950 (2d Cir. 1987) 138 United States v. Olivieri, 740 F. Supp. 2d 423 (S.D.N.Y. 2010) 146 United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988) 147, 148 United States v. Page, 657 F.3d 12
d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
s improperly procured because of government misconduct, that testimony may still be used to prosecute that defendant for perjury." United States v. Olivieri, 740 F. Supp. 2d 423, 425 (S.D.N.Y. 2010) (citing United States v. Remington, 208 F.2d 567 (2d Cir. 1953); United States v. Winter, 348 F.2d 204 (2d
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