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ences; such unlawful terms/promises, unlike the lawful 4 EFTA00205605 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
of contrary congressional intent, . . . compelled to conclude that Congress provided precisely the remedies it considered appropriate."') (quoting Karahalios, 489 U.S. at 533). Moreover, the additional civil remedies that Petitioners seek to engraft onto the CVRA are simply not recognized remedies within
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
of contrary congressional intent, . . . compelled to conclude that Congress provided precisely the remedies it considered appropriate."') (quoting Karahalios, 489 U.S. at 533). Moreover, the additional civil remedies that Petitioners seek to engraft onto the CVRA are not recognized remedies within the cr
noting that if plea was induced by illegal promise, proper remedy was defendant's option to withdraw from plea agreement in its entirety); State v. Garcia, 582 N.W.2d 879, 882 (Minn. 1998) (holding that if plea agreement could not be fulfilled based on illegal term, only remedy was withdrawal from enti
a of contrary congressional intent, . . . compelled to conclude that Congress provided precisely the remedies it considered appropriate.") (quoting Karahalios, 489 U.S. at 533). Because Petitioners seek remedies not authorized by the CVRA's plain language, their requests should be denied. What's more, th
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
48 F.3d 1308, 1315 (10th Cir. 2008) (declining to "to read additional remedies" into the CVRA beyond those expressly contained in the Act); see also Karahalios v. Nat'l Fed'n of Fed. Employees, 489 U.S. 527, 533 (1989) ("[I]t is . . . an 'elemental canon' of statutory construction that where a statute expr
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
48 F.3d 1308, 1315 (10th Cir. 2008) (declining to "to read additional remedies" into the CVRA beyond those expressly contained in the Act); see also Karahalios v. Nat'l Fed'n of Fed. Employees, 489 U.S. 527, 533 (1989) ("[I]t is . . . an 'elemental canon' of statutory construction that where a statute expr
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
48 F.3d 1308, 1315 (10th Cir. 2008) (declining to "to read additional remedies" into the CVRA beyond those expressly contained in the Act); see also Karahalios v. Nat'l Fed 'n of Fed. Employees, 489 U.S. 527, 533 (1989) ("[I]t is . . . an `elemental canon' of statutory construction that where a statute exp
ences; such unlawful terms/promises, unlike the lawful 4 EFTA00208826 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
48 F.3d 1308, 1315 (10th Cir. 2008) (declining to "to read additional remedies" into the CVRA beyond those expressly contained in the Act); see also Karahalios v. Nat'l Fed'n of Fed. Employees, 489 U.S. 527, 533 (1989) ("[I]t is . . . an `elemental canon' of statutory construction that where a statute expr
SD Docket 06/24/2019 Page 11 of 32 (declining to "to read additional remedies" into the CVRA beyond those expressly contained in the Act); see also Karahalios v. Nat'l Fed'n of Fed. Employees, 489 U.S. 527, 533 (1989) ("[I]t is . . . an 'elemental canon of statutory construction that where a statute expre
Page: EFTA00010552 →noting that if plea was induced by illegal promise, proper remedy was defendant's option to withdraw from plea agreement in its entirety); State v. Garcia, 582 N.W.2d 879, 882 (Minn. 1998) (holding that if plea agreement could not be fulfilled based on illegal term, only remedy was withdrawal from enti
Page: EFTA00010562 →Entities connected to both Garcia and Karahalios

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Alexander Acosta
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Kenneth Marra
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