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ers Kluwer Bouvier Law Dictionary: Desk Edition (Stephen Michael Sheppard, ed., 2012) ("A motion is prese
and-alone civil lawsuit to enforce CVRA rights. Petition denied. William H. Pryor, Chief Judge, filed concurring opinion, in which Newsom, Lagoa, Tjoflat, Circuit Judges, joined. Newsom, Circuit Judge, filed concurring opinion. Tjoflat, Circuit Judge, filed concurring opinion, in which William H. Pr
, Chief Judge, filed concurring opinion, in which Newsom, Lagoa, Tjoflat, Circuit Judges, joined. Newsom, Circuit Judge, filed concurring opinion. Tjoflat, Circuit Judge, filed concurring opinion, in which William H. Pryor, Chief Judge, and Wilson, Newsom, and Lagoa, Circuit Judges, joined. Branch, C
ximum number of non-treatment drug tests, *1220 thereby impermissibly delegating that authort to Torres' probation officer. See United States Stephens, 424 F.3d 876, 881 (9th Cir.2005) (holding that "a probation officer may not decide the ... extent of the punishment imposed," because " [u]nder o
bmit, the court erred when it failed to state the maximum number of non-treatment drug tests the probation officer could impose"). Unlike in Stephens, where the district court expressly delegated the authority to set a maximum number of non-treatment drug tests to the probation officer, id at 87
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.
2 L.Ed.2d 780 (1989) (objection to reasonable doubt instruction in state court sufficient to exhaust constitutional claim premised on same issue); Hawkins v. West, 706 F.2d 437, 439 (U Cir.1983) (same). As a result, we conclude that by contending that the trial court misapplied Florida law and allow
, 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
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