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bsection (a)(8)'s general right to fair treatment by reference to the subsections (and their constituent rights) that precede it. See, Johnson it United States,559 U.S. 133, 139,130 S.Ct. 1265, 176 L.Ed.2d 1 (2010) ("Ultimately, context determines meaning ...."); Pi Gutierrez v. Ada, 528 U.S. 250, 255, 120 S.
iple— which dates back centuries—that "the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case." 1/ United States v. Nixon, 418 U.S. 683, 693, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974) (citing Confiscation Cases, 74 U.S. (7 Wall.) 454, 19 L.Ed. 196 (1869)). 23 *12
aw is clear, at least for Sixth Amendment right-to-counsel purposes, that a "prosecution" does not begin with the criminal complaint's filing. See P. United States v. Alvarado, 440 F.3d 191, 199-200 (4th Cir. 2006) ("The filing of a federal criminal complaint does not commence a formal prosecution."); see als
affecting the sending of publications to prisoners must be analyzed under a reasonableness standard); Strickland v. Washington 466 U.S. 668, 688, 104 S. Ct. 2052, 2065, 80 L.Ed.2d 674 (1984) ("The proper measure of attorney performance" under the Sixth Amendment "remains simply reasonableness under pr
applicable statutes of limitations. DISPOSITION: Appeal dismissed. CASE SUMMARY: PROCEDURAL POSTURE: Appellant investors challenged an order from the United States District Court for the Southern District of New York that denied the motion to amend their complaint to add additional plaintiffs after holding that
alty Co., 734 F.2d 637, 638 (11th Cir.1984); Griffis v. Delta Family-Care Disability, 723 F.2d 822, 823-24 (11th Cir.), cert. denied, 467 U.S. 1242, 104 S. Ct. 3514, 82 L. Ed. 2d 823 (1984). III. Patterson challenges the district court's conclusion that he lacked standing to pursue his antitrust claims.
ith the "expected" rates based upon the proportional availability of black females in the labor pool. Id. We endorsed a similar use of proxy data in United States v. County of Fairfax, involving a county government that had destroyed three years of employment applications. 629 F.2d at 940. To analyze hiring du
Reserve Bank of Richmond, 698 F.2d 633, 648 (4th Cir. 1983) rev'd on other grounds sub nom. Cooper v. Fed. Reserve Bank of Richmond, 467 U.S. 867, 104 S. Ct. 2794, 81 L. Ed. 2d 718 (1984). Indeed, the usefulness of statistical evidence often "depends on all of the surrounding facts and circumstances." Te
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