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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
/2011 Page 6 of 25 historically had broad authority to fashion equitable remedies . . . ." Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004). The Eleventh Circuit has expressly required district courts to fashion appropriate equitable remedies when plaintiffs have proven a violation of statutory provisions. S
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
05/2011 Page 6 of 25 historically had broad authority to fashion equitable remedies . . . ." Hardison. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004). The Eleventh Circuit has expressly required district courts to fashion appropriate equitable remedies when plaintiffs have proven a violation of statutory provisions. S
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,
oner, she would have explained why this proposed disposition did not begin to reflect "the seriousness of the offense " 18 U.S.C. § 3553(a)(2)(A). The Eleventh Circuit has instructed that the district courts must make substantial findings before sealing records in cases before it. For instance, in United States v.
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,
itioner, she wood have explained why this proposed disposition did not begin to reflect "the seriousness of the offense" 18 U.S.C. § 3553(a)(2XA). The Eleventh Circuit has instructed that the district courts must make substantial findings belare sealing records in cases before it. For instance, in United States v.
ty to enforce compliance with their lawful orders." In re Ocean Warrior, Inc„ 835 F.3d 1310, 1316 (11th Cir. 2016) (citing Aldenvoods Gip., Inc. v. Garcia, 682 F.3d 958, 967 n.18 (11th Cir. 2012)). Before imposing sanctions, a bankruptcy court must provide "a level of process" that is appropriate to th
al act (DE 6353 at II) — a claim that can only be fully assessed after he provides information under oath and the Court has a full factual record. The Eleventh Circuit has recently reaffirmed that bankruptcy courts have authority to impose both civil and criminal contempt sanctions. See In re McLean, 794 F.3d 1313,
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,
itioner, she wood have explained why this proposed disposition did not begin to reflect "the seriousness of the offense" 18 U.S.C. § 3553(a)(2XA). The Eleventh Circuit has instructed that the district courts must make substantial findings belare sealing records in cases before it. For instance, in United States v.
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
intentions, partial rescission would pose a significant risk of harm to certain victims, which must be considered in crafting an equitable remedy. The Eleventh Circuit has admonished courts considering equitable remedies to "bear in mind that a poorly crafted remedy may achieve justice for one by working a substan
M Document 9 Entered on FLSD Docket 07/1' 3 Page 13 of 17 some right to specific performance of an illegal non-prosecution agreement. See Saner. 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,
tioner, she would have explained why this proposed disposition did not begin to reflect "the seriousness of the offense" 18 U.S.C. § 3553(aX2)(A). The Eleventh Circuit has instructed that the district courts must make substantial findings before sealing records in cases before it. For instance, in United States I O
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