Epstein Secrets

not be specifically enforced). Nor can the defendant claim some right to specific performance of an illegal non-prosecution agreement. See State v. Garcia, 582 N.W.2d 879, 881-82 (Minn. 1998) (plea agreement for 81-month sentence, but court added 10-year conditional release term because, under facts o

the CVRA. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have

Document 9 Entered on FLSD Docket 07/11/2008 Page 13 of 17 some right to specific performance of an illegal non-prosecution agreement. See State v. Garcia, 582 N.W.2d 879 (Minn. 1998) (plea agreement for 81 months sentence, but court added 10-year conditional release term because, under facts of case,

ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury-v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have

not be specifically enforced). Nor can the defendant claim some right to specific performance of an illegal non-prosecution agreement. See State v. Garcia, 582 N.W.2d 879, 881-82 (Minn. 1998) (plea agreement for 81 months sentence, but court added 10-year conditional release term because, under facts o

ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[l]t' the right is created by a federal statute, the federal courts hav

ople, 986 P.2d 951, 959-60 (Colo. 1999) (court cannot enforce a plea 28 EFTA00299048 agreement that waives the mandatory parole period); State v. Garcia, 582 N.W. 2d 879, 881-82 (Minn. 1998) (plea agreement promised a sentence that did not contain the statutorily-required 10-year conditional release

of relief against Mr. Epstein.3 III. THE CVRA ITSELF DOES NOT AUTHORIZE IMPOSITION OF THE EPSTEIN REMEDIES Citing a line of cases beginning with Marbury v. Madison, 5 U.S. 137 (1803), the Petitioners contend that the CVRA authorizes "the invalidation of an illegal non- prosecution agreement so that t

not be specifically enforced). Nor can the defendant claim some right to specific performance of an illegal non-prosecution agreement. See State v. Garcia, 582 N.W.2d 879, 881-82 (Minn. 1998) (plea agreement for 81 months sentence, but court added 10-year conditional release term because, under facts o

ould apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have