Epstein Secrets

nalysis necessary to assess the "strength of the case" for or against any particular prosecution. Wayte, 470 U.S. at 607; see also United States v. Armstrong, 517 U.S. 456, 465, 116 S. Ct. 1480, 134 L. Ed. 2d 687 (1996) (Judicial deference [94] to prosecutors' decisions "rests in part on an assessment of

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lose the identity of its witnesses before trial. However, the basis for such grants of authority now seems defunct. For instance, in United States v. Armstrong, the Ninth Circuit recognized no authority exists in the federal rules for requiring the government to disclose the names of its witnesses. 74 Still,

disclosure of witness names before trial appears inconsistent with the federal rules. And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA. Rule 57(b) only provides a basis for court authority in the absence of control

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97 U.S. 358, 364 (1970) (holding that proof beyond a reasonable doubt is constitutionally required under the Due Process Clause). ° United States v. Armstrong, 517 U.S. 456, 456-71 (1996) (examining selective prosecution claim based on racial bias); see also Whren v. United States, 517 U.S. 806, 813 (1996)

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246 150 Cong. Rec. $10,911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl) (emphases added). 247 Fuentes v. Shevin, 407 U.S. 67, 80 (1972) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)). 248 150 Cong. Rec. $4264 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl) (emphasis added). 249 See 18 U.S.C.