Epstein Secrets

esident’s delegates to help him discharge his constitutional responsibility to ‘take Care that the Laws be faithfully executed.’” United States v. Armstrong, 517 U.S. 456, 464 (1996) (quoting U.S. Const. art. II, § 3). Unless based on an impermissible standard such as race, religion, or other arbitrary

a prosecutor 195 The Ashcroft Memo was issued before the Supreme Court decided United States v. Booker, 543 U.S. 220 (2005), which struck down the provision of the federal sentencing statute that required federal district judges to impose a sentence

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 And even if the Ninth Circuit's approach was valid at the time Armstrong was decided, such an approach is no longer valid in light of the CVRA.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

901-03. #27 444 F 3d 1215, 1217-18 (10th Cir. 2006). #8 451 F.3d 189 (3d Cir. 2006), cert. denied, 1278. Ct. 424 (2006). 429 See United States v. Booker, 543 U.S. 220, 222 (2004). 430 Vampire Nation, 451 F.3d at 196. 31 Td. at 197 n.4. 432 The Second, Fourth, and Ninth Circuits have ruled that Rule

lly meaningless unless a victim can provide a basis for recalculating the Guidelines or departing or varying from them. 74? 236 See United States v. Booker, 125 S. Ct. 738 (2005). 237 See, e.g., United States v. Wilson, 350 F. Supp. 2d 910, 912 (D. Utah 2005) (giving "heavy weight" to Guidelines recomme

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.