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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
67,68,71 United States v. Scarpa, 897 F.2d 63 (2d Cir. 1990) 69 United States v. Scarpa, 913 F.2d 993 (2d Cir. 1990) passim United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711 (D. Or. Jan. 17, 2019) 121 xxi EFTA00099962 United States v. Schalk-id-, 871 F.2d 300 (2d Cir. 1989) 1
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),
Contrary to the defendant's claims (Def. Mot. 11 at 10), she assumed the risk that the would divulged to the Government. See, e.g.,United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where government obtained defendant's eBay transac
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
67, 68, 71 United States v. Scaipa, 897 F.2d 63 (2d Cir. 1990) 69 United States v. Scaipa, 913 F.2d 993 (2d Cir. 1990) passim United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711 (D. Or. Jan. 17. 2019) 121 xxi EFTA00077627 United States v. Schafrick, 871 F.2d 300 (2d Cir. 1989) 182
. 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),
nt's claims (Def. Mot. 11 at 10), she assumed the risk that the deposition transcripts would divulged to the Government. See, e.g., United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where government obtained defendant's eBay transac
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
67, 68, 71 United States v. Scaipa, 897 F.2d 63 (2d Cir. 1990) 69 United States v. Scaipa, 913 F.2d 993 (2d Cir. 1990) passim United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711 (D. Or. Jan. 17. 2019) 121 xxi EFTA00039442 United States v. Schafrick, 871 F.2d 300 (2d Cir. 1989) 182
. 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),
nt's claims (Def. Mot. 11 at 10), she assumed the risk that the deposition transcripts would divulged to the Government. See, e.g., United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where government obtained defendant's eBay transac
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
nited States v. Scaipa, 913 F.2d 993 (2d Cir. 1990) 159, 160, 162, 164 United States v. Scaipa, 913 F.3d 993 (2d Cir. 1990) 42 United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711 (D. Or. Jan. 17, 2019) 86 United States v. Schafrick, 871 F.2d 300 (2d Cir. 1989) 121 United States v. Sch
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),
Contrary to the defendant's claims (Def. Mot. 11 at 10), she assumed the risk that the would divulged to the Government. See, e.g., United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where government obtained defendant's eBay transac
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
, 68, 71 United States v. Scam pa, 897 F.2d 63 (2d Cir. 1990) 69 United States v. Scam pa, 913 F.2d 993 (2d Cir. 1990) passim United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711 (D. Or. Jan. 17, 2019) 121 xxi EFTA00103020 United States v. Schafrick, 871 F.2d 300 (2d Cir. 1989) 18
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),
nt's claims (Def. Mot. 11 at 10), she assumed the risk that the deposition transcripts would divulged to the Government. See, e.g., United States v. Schaefer, No. 17 Cr. 400 (HZ), 2019 WL 267711, at *5 (D. Or. Jan. 17, 2019) (declining to apply Carpenter where government obtained defendant's eBay transac
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