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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
ent scheme is based on the filing of a "motion asserting a victim's rights" - not a civil complaint or a civil lawsuit. 18 U.S.C. § 3771(d)(3); see Sieverding v. U.S. Dept. of Justice, 693 F. Supp. 2d 93,110 (D.D.C. 2010) (recognizing that it is "only through a motion" that the CVRA "permits" individuals to assert statutory right
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
ment scheme is based on the filing of a "motion asserting a victim's rights" — not a civil complaint or a civil lawsuit. 18 U.S.C. § 3771(d)(3); see Sieverding v. U.S. Dept. of Justice, 693 F. Supp. 2d 93, 110 (D.D.C. 2010) (recognizing that it is "only through a motion" that the CVRA "permits" individuals to assert statutory righ
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
ment scheme is based on the filing of a "motion asserting a victim's rights" — not a civil complaint or a civil lawsuit. 18 U.S.C. § 3771(d)(3); see Sieverding v. U.S. Dept. of Justice, 693 F. Supp. 2d 93, 110 (D.D.C. 2010) (recognizing that it is "only through a motion" that the CVRA "permits" individuals to assert statutory righ
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
ment scheme is based on the filing of a "motion asserting a victim's rights" — not a civil complaint or a civil lawsuit. 18 U.S.C. § 3771(d)(3); see Sieverding v. U.S. Dept. of Justice, 693 F. Supp. 2d 93, 110 (D.D.C. 2010) (recognizing that it is "only through a motion" that the CVRA "permits" individuals to assert statutory righ
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