Epstein Secrets

mage. This is a fraction of meritorious child pornography cases. The National Center for Missing and Exploited Children testified that, in light of the Supreme Court's affirmation of the Ninth Circuit decision, prosecutors in various parts of the country have expressed concern about the continued viability of previ

ely unreasonable. While undertaking this calculus, we are not limited to considering only the factors expounded upon by the district court; as the Supreme Court has made clear Section 3553(arremains in effect, and sets forth numerous factors that guide sentencing. Those factors in turn will guide appel

view would still "tend to iron out sentencing differences." Id. C 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works. EFTA00192128 Page 6 ' F.3d --, 2008 WL 253040 (C.A.11 (Ala.)) (Cite as: — F.3d —) Booker further held that in performing this review, we must measure "reasonableness" agains

ed "against" the defendant in a "proceeding," and that fairness not require "contemporaneous" introduction of all aspects of the negotiations). But the Supreme Court has made clear that courts must be "especially reluctant to recognize a privilege in an area where it appears that Congress has considered the relev

f 27 claiming the protection has voluntarily disclosed work product to a party not covered by the work-product doctrine." United States v. Ary, 518 F.3d 775, 783 (10th Cir. 2008). Perhaps recognizing the difficulty inherent in its position under these well-recognized general principles, the Governme

that it should substitute itself for the district court on an expedited basis to exercise the discretion reposed in the district judge, contrary to the Supreme Court's teaching in Nixon. Reposing this discretion in the district court is founded on two principles. One is that the sealed materials were filed in tha

able one. As Lugosch holds, it can be overcome by "specific, on-the- record findings that higher values necessitate a narrowly tailored sealing." 435 F.3d at 126. The Order to Show Cause is improperly dismissive both of the rebuttal of the presumption Ms. Maxwell is entitled to make and the procedure

atement reveals how inapposite a federal prosecution is to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court's very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court's interpretive methodology when it comes to federal

is house if they were under the age of 18. See United States v. Kennard, 472 F.3d 851, 857-858 (1 3'Cir. 2006), quoting, United States v Puche, 350 F.3d t 137, 1149 (11th Cir. 2003) (An instruction on deliberate ignorance is appropriate only if it is shown [among other things] ... that the defendant

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),

of fairness and decency would be offended were judicial processes invoked to obtain a conviction against the accused." United States v. Schmidt, 105 F.3d 82,91 (2d Cir. 1997) (internal quotation marks and citations omitted). "Such outrageous or conscience shocking behavior involves egregious invasion

led that the term "conviction" in § 4B1.5(a) was ambiguous. The court noted that the it term is not defined in § 4B1.5(a), relying on nguage from the Supreme Court's decision in Deal United States. 508 U.S. 129, 131-32, 113 S.Ct. 1 3, 124 L.Ed.2d 44 (1993) ("It is certainly correct that the word 'conviction' c

No Claim to Orig. U.S. Govt. Works. hups://web2.westlaw.com/print/printstream.aspx?sv=Full&prit=HTMLE&mt=FederalGov... 2/27/2008 EFTA00192004 504 F.3d 737 504 F.3d 737, 07 Cal. Daily Op. Serv. 11,330, 2007 Daily Journal D.A.R. 14,672 (Cite as: 504 F.3d 737) use," "sexual abuse," or "abusive sexua

re, .'s treatment records from the Parent-Child Center, Inc. and Dr. Serge Thys are protected by the psychotherapist-patient privilege pursuant to the Supreme Court's decision in Jaffee'. Redmond, 518 U.S. 1, 116 S.Ct. 1923 3 EFTA00182846 Case 9:08-cv-80811-KAM Document 114 Entered on FLSD Docket 06/05/2009

ks. Page 4 haps://web2.westlaw.com/print/printstream.aspx?sv-Split&prft=HTMLE&ifm=NotSet&mt... 6/8/2009 EFTA00182793 Page 2 of 11 Westlaw. 162 F.3d 832 162 F.3d 832 (Cite as: 162 F.3d 832) C United States Court of Appeals, Fifth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Ra

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

run.") (citing Falter, 23 F.3d at 425-26). And other circuits have emphasized this distinction in the context of Section 3283. Leo Sure Chief, 438 F.3d, at 922-25; Jeffries, 405 F.3d 685. Read together, the Second Circuit's decisions in Weingarten, Vernon, Enterprise, and Falter establish that Cong

d.2d 771, vacated judgment of the Court of Appeals, and remanded. On remand, the Court of Appeals, 322 F.3d 240, again affirmed. On appeal the Su- preme Court, 124 S.Ct. 2783, affirmed the 775 decision which granted the preliminary in- junction, and remanded for trial. Holdings: On remand, the United Sta

why the district court erred in denying the motion. uii Conseq tly, we consider the issue waived. See Wilburn Mid-South Health Dev., Inc., 343 F.3d 1274, 1 1 (10th Cir.2003) ("We ... will not ( consider issues that are raised n appeal but not adequately addressed"); Adler Wal-Mart Stores, In