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equitable claim Epstein has for specific performance of the non-prosecution agreement disappears. Other cases reach similar conclusions. See, e.g., Craig'. People, 986 P.2d 951, 959-60 (Colo. 1999) (because "neither the prosecutor nor the trial court have authority to modify or waive the mandatory pa
n `injury in fact' that is (a) concrete and particularized and (b) actual or imminent. not conjectural or hypothetical." Friends of the Earth, Inc.. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180 (2000). The Government cannot show any such injury from a declaration that the non-prosecution agreement is illegal,
y erroneous construction of 18 U.S.C. § 3858(b) — and where rescission "would [have] restore[d] the defendant to the approximate status quo ante"); Craig,. People, 986 P.2d 951, 959-60, 961-93 (Colo. 1999) (holding that plea agreement made no unlawful promises, but concluding that court would not have
205602 claims, and these proceedings must therefore be dismissed for lack of subject matter jurisdiction.' See, e.g., Friends of the Earth, Inc. I Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180-81, 185 (2000); Florida Wildlife Federation, Inc. I. South Florida Water Management Dist, 647 F.3d 1296, 1302 (11th
y erroneous construction of 18 U.S.C. § 3858(b) — and where rescission "would [have] restore[d] the defendant to the approximate status quo ante"); Craig,. People, 986 P.2d 951, 959-60, 961-93 (Colo. 1999) (holding that plea agreement made no unlawful promises, but concluding that court would not have
205624 claims, and these proceedings must therefore be dismissed for lack of subject matter jurisdiction.' See, e.g., Friends of the Earth, Inc. I Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167, 180-81, 185 (2000); Florida Wildlife Federation, Inc. I. South Florida Water Management Dist, 647 F.3d 1296, 1302 (11th
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