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Mentions
Rivera, 546 F.3d 245 (2d Cir. 2008) Sampson, 385 F.3d 183 (2d Cir. 2004) Turoff, 853 F.2d 1037 (2d Cir.1988) Walker, 142 F.3d 103 (2d Cir. 1998) Werner, 620 F.2d 922 (2d Cir. 1980) Winchester, 407 F. Supp. 261 (D. Del. 1975) 5, 6, 11 4 4 5 3, 5, 10 5 3, 4, 10 5 ii EFTA00091877
a firearm possession count was unrelated "both physically and temporally" to the narcotics counts in the indictment (emphasis original)). Although the Second Circuit has recognized that it is generally permissible to join "underlying substantive crimes with perjury counts" where the false declarations "concern th
ocess require the federal government to fulfill it. See Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Ready, 82 F.3d 551, 558 (2d Cir. 1996). The question here is not whether the U.S. Attorney for the Southern District of Florida had the power to bind the U.S. Attorney for the South
Page: EFTA00020264 →so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a
Page: EFTA00020264 →o crimes rather than 23 EFTA00020283 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 24 of 34 one." United States v. Werner, 620 F.2d 922, 929 (2d Cir. 1980). Though this standard is demanding, the Court concludes that, due to unique features of the perjury counts, Maxwel
Page: EFTA00020284 →ocess require the federal government to fulfill it. See Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Ready, 82 F.3d 551, 558 (2d Cir. 1996). The question here is not whether the U.S. Attorney for the Southern District of Florida had the power to bind the U.S. Attorney for the South
Page: EFTA00022094 →so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a
Page: EFTA00022094 →o crimes rather than 23 EFTA00022113 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 24 of 34 one." United States v. Werner, 620 F.2d 922, 929 (2d Cir. 1980). Though this standard is demanding, the Court concludes that, due to unique features of the perjury counts, Maxwel
Page: EFTA00022114 →ocess require the federal government to fulfill it. See Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Ready, 82 F.3d 551, 558 (2d Cir. 1996). The question here is not whether the U.S. Attorney for the Southern District of Florida had the power to bind the U.S. Attorney for the South
Page: EFTA00029543 →so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a
Page: EFTA00029543 →o crimes rather than 23 EFTA00029562 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 208 Filed 04/16/21 Page 24 of 34 one." United States v. Werner, 620 F.2d 922, 929 (2d Cir. 1980). Though this standard is demanding, the Court concludes that, due to unique features of the perjury counts, Maxwel
Page: EFTA00029563 →Entities connected to both Werner and Second Circuit

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