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equitable remedies after petitioners have proven a violation of statutory provisions. It Hardison v. Cohen, 375 F.3d 1262, 1266 (11th Cir. 2004); Nichols v. Ho per 173 F.3d 820, 824 (11th Cir. 1999); C e Ala. Hosp Ass'n v Beasley, 702 £2d 955, 962 (1 I th Cir. 1983) (in light of statutory violation,
rs and the right to be treated fairly by them, do not attach until criminal proceedings have been initiated against a defendant. Petition denied. Tjoflat, Circuit Judge, filed a concurring opinion. Hull, Senior Circuit Judge, filed a dissenting opinion. Procedural Posture(s): Petition for Writ of Man
Gwinnett County, 273 Ga. 404, 542 S.E.2d 485 (2001). [FN7] Ark.—Dickey Signal Peak Enterprises, 340 Ark. 276, 9 S.W.3d 517 (2000). Tenn.-Storey'. Nichols, 49 S.W.3d 288 (Tenn. Ct. App. 2000). [FN8] Wyo.—Nation Giant Dmg Co., 396 P.2d 431 (Wyo. 1964). [FN9] N.Y.—Weiss'. Beckmann, 197 Misc. 414, 96 N.
, denied permanent injunction but granted declaratory relief in favor of the plaintiff. On appeal by the county prosecutor, the Court of Appeals, Tjoflat, Circuit Judge, held that: (1) injunctive relief was properly denied where reasonable prosecutor could believe there was probable cause that those
ase law, the district court first had to determine whether any guideline was sufficiently analogous be used in sentencing Mr. Rakes. United States Nichols, 169 F.3d 1255, 1270 (10th Cir.1999). f more than one sufficiently analogous guideline could be found, the court then had to assess which qualifie
46, Marcia G. Cooke, J., granted motion, and denied Government's motion for reconsid- eration. Government appealed. Holding: The Court of Appeals, Tjoflat, Circuit Judge, held that counts were not multiplicitous and did not violate Double Jeopardy Clause. Reversed and remanded with instructions. 1.
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