Epstein Secrets

selective prosecution defense, he has not met the "rigorous" standard that applies for obtaining discovery in aid of such a claim. United States v. Armstrong, 517 U.S. 456, 468 (1996). "[A] defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory ef

y, or control of a government agency so closely aligned with the prosecution so as to be considered part of the prosecution team." United States v. Finnerty, 411 F. Supp. 2d 428, 432 (S.D.N.Y. 2006). "Legal ownership of the requested documents or things is not determinative, nor is actual possession nec

selective prosecution defense, he has not met the "rigorous" standard that applies for obtaining discovery in aid of such a claim. United States v. Armstrong, 517 U.S. 456, 468 (1996). "[A] defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory ef

y, or control of a government agency so closely aligned with the prosecution so as to be considered part of the prosecution team." United States v. Finnerty, 411 F. Supp. 2d 428, 432 (S.D.N.Y. 2006). "Legal ownership of the requested documents or things is not determinative, nor is actual possession nec

selective prosecution defense, he has not met the "rigorous" standard that applies for obtaining discovery in aid of such a claim. United States v. Armstrong, 517 U.S. 456, 468 (1996). "[A] defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory ef

y, or control of a government agency so closely aligned with the prosecution so as to be considered part of the prosecution team." United States v. Finnerty, 411 F. Supp. 2d 428, 432 (S.D.N.Y. 2006). "Legal ownership of the requested documents or things is not determinative, nor is actual possession nec

r. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alameh, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite

13 United States v. Fares, 978 F.2d 52 (2d Cir. 1992) 30, 31, 33 United States v. Fernandez, 231 F.3d 1240 (9th Cir. 2000) 26 United States v. Finnerty, 411 F. Supp. 2d 428 (S.D.N.Y. 2006) 20 United States v. Floyd, No. 99 Cr. 0234 (DAB), 1999 WL 476438, at *2 (S.D.N.Y. July 7, 1999) 16 United S

that the requested evidence is material." Rigas, 258 F. Supp. 2d at 307 (internal citation omitted). As the Supreme Court held in United States v. Armstrong, while Rule 16 authorizes 10 EFTA00027321 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 16 of 34 defendants to exami

. 2020) 26 Standefer v. United States, 447 U.S. 10 (1980) 13 United States v. Alamelz, 341 F.3d 167 (2d Cir. 2003) 29, 30, 31 United States v. Armstrong, 517 U.S. 456, (1996) passim United States v. Avellino, 136 F.3d 249 (2d Cir. 1998) 19, 25 United States v. Bagley, 473 U.S. 667 (1985) 7 Unite

13 United States v. Fares, 978 F.2d 52 (2d Cir. 1992) 30, 31, 33 United States v. Fernandez, 231 F.3d 1240 (9th Cir. 2000) 26 United States v. Finnerty, 411 F. Supp. 2d 428 (S.D.N.Y. 2006) 20 United States v. Floyd, No. 99 Cr. 0234 (DAB), 1999 WL 476438, at *2 (S.D.N.Y. July 7, 1999) 16 United S

t sympathy, compassion, or compromise from the jury. The records Thomas seeks are no more discoverable than the nullification evidence precluded in Armstrong and its progeny. See Armstrong, 517 U.S. at 462- 63 (defendant not entitled to discovery on race of other narcotics defendants to aid in selective p

y, or control of a government agency so closely aligned with the prosecution so as to be considered part of the prosecution team." United States v. Finnerty, 411 F. Supp. 2d 428, 432 (S.D.N.Y. 2006). "Legal ownership of the requested documents or things is not determinative, nor is actual possession nec

selective prosecution defense, he has not met the "rigorous" standard that applies for obtaining discovery in aid of such a claim. United States v. Armstrong, 517 U.S. 456, 468 (1996). "[A] defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory ef