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

power of district courts to remedy CVRA violations comes from the Fifth Circuit's decision in In re Dean, 527 F.3d 391 (5th Cir. 2008). There, the Fifth Circuit found a violation of crime victims' right to confer with prosecutors regarding a plea agreement. The Circuit, however, declined to grant its own rem

ll not be specifically enforced). Nor can the defendant claim some right to specific performance of an illegal non-prosecution agreement. See State. 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

power of district courts to remedy CVRA violations comes from the Fifth Circuit's decision in In re Dean, 527 F.3d 391 (5th Cir. 2008). There, the Fifth Circuit found a violation of crime victims' right to confer with prosecutors regarding a plea agreement. The Circuit, however, declined to grant its own rem

ences; such unlawful terms/promises, unlike the lawful 4 EFTA00205627 terms in the Non-Prosecution Agreement, could not be enforced. See State I Garcia, 582 N.W.2d 879, 881-83 (Minn. 1998) (plea agreement promised a sentence that did not contain a statutorily-required 10-year conditional release te

I. City of Prichard, 661 F.2d 1206, 1209 (1 1 th Cir. 1981) (en bane), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981). 24 EFTA00205647 The remedy of "apology" is not cognizable, either within the meaning of the CVRA or as a

ocument 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,

ey General or any officer under his direction." 18 U.S.C. § 3171(d i(6). But the Government made the same argument in the Dean case — and lost. The Fifth Circuit reversed the District Court decision that enforcing the right to confer might impair 9 EFTA00215624 Case 9:08-cv-80736-KAM Document 9 Entered o

ocument 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,

ey General or any officer under his direction." 18 U.S.C. § 3171(d i(6). But the Government made the same argument in the Dean case — and lost. The Fifth Circuit reversed the District Court decision that enforcing the right to confer might impair 9 EFTA00235257 Case 9:08-cv-80736-KAM Document 9 Entered o

0736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 6 of 101 terms in the Non-Prosecution Agreement, could not be enforced. See State v. Garcia, 582 N.W.2d 879, 881-83 (Minn. 1998) (plea agreement promised a sentence that did not contain a statutorily-required 10-year conditional release te

r v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981). 24 EFTA00799518 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 26 of 101

0736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 6 of 101 terms in the Non-Prosecution Agreement, could not be enforced. See State v. Garcia, 582 N.W.2d 879, 881-83 (Minn. 1998) (plea agreement promised a sentence that did not contain a statutorily-required 10-year conditional release te

r v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981). 24 EFTA00795194 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 26 of 101

0736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 6 of 101 terms in the Non-Prosecution Agreement, could not be enforced. See State v. Garcia, 582 N.W.2d 879, 881-83 (Minn. 1998) (plea agreement promised a sentence that did not contain a statutorily-required 10-year conditional release te

r v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981). 24 EFTA00081039 Case 9:08-cv-80736-KAM Document 205-6 Entered on FLSD Docket 07/05/2013 Page 26 of 101

f Washington. After being charged with various crimes, all three entered into Rule II written plea agreements. See Fed.R.Crim.P. 11(cXIXC).Fm Garcia pled guilty to conspiracy to distribute less than 500 grams of *1216 cocaine in violation of 21 U.S.C. §§ 846 and 841(bX1XC); Plascencia-Alvarado

order of the district court denying the motion of appellant is affirmed. CITY OF MIANI I SUTTON et al. No. 13113. United States Court of Appeals Fifth Circuit. April 25,1050. Dnrward B. Sutton and Sarah R. Sutton. cluing bald flOkIl as the Sutton Jewelry Com- pany hmnght suit against the City of Miami t

[FN6] (4) Chuy Hinojosa, [FN7] (5) Guadalupe Ba- rajas, [FN8] (6) Federico Morales, [FN9] (7) *835 Alejandro Cano, IFN 1 0] and (8) Mario Meliton Garcia. [FN II] FN4. Castaneda told the government that, in addition to Reyes's involvement in drug trafficking, he often paid large sums of cash to She

otSet&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. Raymond CASTANEDA, Defendant-Appellant. No. 97-40307. Dec. 9, 1998. Defendant was convicted i