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OF FLORIDA FGJ 07-103(WPB) U.S. District Judge Donald M. Middlebrooks IN RE: GRAND JURY PROCEEDINGS

tion of Jonathan Biran, a partner at Baker Donelson in Washington, DC. Mr. Biran graduated from Stanford Law School in 1993 and clerked for the Hon. David F. Levi at the U.S. District Court for the Eastern District of California. Following his clerkship, Mr. Biran was an associate in the white collar practice

OF FLORIDA FGJ 07-103(WPB) U.S. District Judge Donald M. Middlebrooks IN RE: GRAND JURY PROCEEDINGS

a partner at Baker Donelson in Washington, DC, as my counsel. Mr. Biran graduated from Stanford Law School in 1993 and clerked with me for the Hon. David F. Levi at the U.S. District Court for the Eastern District of California. Following his clerkship, Mr. Biran worked with the Public Integrity Section at t

m Beach, Florida. cc: A Marie Villafaila, AUSA DONALD M. MIDDLEBROOKS UNITED STATES DISTRICT JUDGE 2

Florida. I graduated from the University of California at Berkeley School of Law (Boalt Hall) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesot

d go without saying that nothing in the Rules can trump a substantive statute passed by Congress. See 28

generally Peter G. McCabe, Renewal of the Federal Rulemaking Process, 44 Am. U_L. Rev. 1655,1687-91 (1995). 576 Letter from Senator Jon Kyl to Hon. David F. Levi, Chairman, Comm. on Rules of Practice and Procedure 1 (Feb. 16, 2007). 577 Td. at 3. DAVID SCHOEN HOUSE_OVERSIGHT_017709 --- PAGE BREAK --- Page

s can modify substantive rights, °° the CVRA will trump any conflicting provision in the federal rules. °

after considering various relevant factors. 3 See Letter from Ed Carnes, Chair of the Advisory Comm. on Federal Rules of Criminal Procedure, to Hon. David F. Levi, Chair of the Standing Committee on Rules of Practice and Procedure (May 18, 2004) (on file with the author) (noting that proposed expansion of Rule

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