Epstein Secrets

Fifth Circuit's decision is that the Circuit did not directly quote three words found in the CVRA's right to confer — the words "in the case." See Gov't Response to Emergency Petn. at 2. But the Fifth Circuit had received briefs totaling close to 100 pages in that case and was obviously well aware of the statute at hand. Inde

nowledge of the statute and its . . . provisions, and has no expectation of finality in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 40 EFTA00079032 Case 9:08-cv-80736-

distinguish Dean, it asks this Court to decline to follow the Fifth Circuit's holding and create a split of authority on this important issue. See Gov't Response to Emergency Petn. at 2-3. Instead, the Government would have this Court deviate from the Fifth Circuit's well-reasoned opinion because the Circuit's "discussion of

nowledge of the statute and its . . . provisions, and has no expectation of finality in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 39 EFTA00207918 reason, it makes se

distinguish Dean, it asks this Court to decline to follow the Fifth Circuit's holding and create a split of authority on this important issue. See Gov't Response to Emergency Petn. at 2-3. Instead, the Government would have this Court deviate from the Fifth Circuit's well-reasoned opinion because the Circuit's "discussion of

nowledge of the statute and its . . . provisions, and has no expectation of finality in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States DiFrancesco, 449 U.S. 117, 146 (1980)). 39 EFTA00235789 reason, it makes sense

ttempt to distinguish Dean, it asks this Court to decline to follow the Fifth Circuit's holding antiseSELsatsfstkritv o.n_this important issue. See Gov't Response to Emergency Petn. at 2-3. Instead, the Government would have this Court deviate from the Fifth Circuit's well-reasoned opinion because the Circuit's "discussion of

knowledge of the statute and its . provisions, and has no expectation of finality in his sentence until the [review by writ] is concluded .. .."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States I. Dihancesco, 449 U.S. 117,146 (1980)). 40 EFTA00229956 Case 9:08-cv-80736-KA

Fifth Circuit's decision is that the Circuit did not directly quote three words found in the CVRA'a right to confer — the words "in the case." See Gov't Response to Emergency Petn. at 2. But the Fifth Circuit had received briefs totaling close to 100 pages in that case and was obviously well aware of the statute at hand. Inde

knowledge of the statute and its . provisions, and has no expectation of finality in his sentence until the [review by writ] is concluded .. .."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States Dihancesco, 449 U.S. 117, 146 (1980)). 40 08-80736-CV-MARRA 000710 EFTA0023053