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ly — namely, the fad that it was negotiated in violation of the victims' rights. Other cases reach similar conclusions. See. e.g.. United States v. Cooper, 70 F.3d 563 (10th Cir. 1995) (prosecutor agreed to recommend probation, but it now appears that would be an illegal sentence in this case, and thu
ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury-v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have
8 F.3d 944 (7th Cir. 1996); United States v. 25 EFTA00178081 Case 9:08-cv-80736-KAM Document 77 Entered on FLSD Docket 05/02/2011 Page 26 of 29 Cooper, 70 F.3d 563, 567 (le Cir. 1995); Craig v. People, 986 P.2d 951, 959-60 (Colo. 1999)). The Government, however, seeks to escape from the general rul
This argument contradicts fundamental American jurisprudence, which holds that "where there is a legal right, there is also a legal remedy . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). 'I'he victims have deferred full briefing on the remedy issue because they understa
ty — namely, the fact that it was negotiated in violation of the victims' rights. Other cases reach similar conclusions. See, e.g., United States v. Cooper, 70 F.3d 563, 567 (10th Cir. 1995) (prosecutor agreed to recommend probation, but it later appeared that would be an illegal sentence in this case,
ld apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[l]t' the right is created by a federal statute, the federal courts hav
ity — namely, the fad that it was negotiated in violation of the victims' rights. Other cases reach similar conclusions. See, e.g., United States v. Cooper, 70 F.3d 563, 567 (10°' Cir. 1995) (prosecutor agreed to recommend probation, but it later appeared that would be an illegal sentence in this case,
ould apply. Since the earliest days of our nation, it has been settled law that "where there is a legal right, there is also a legal remedy . . .." Marbury v. Madison, 5 U.S. 137, 163 (1803) (internal quotation omitted). Moreover, "[i]f the right is created by a federal statute, the federal courts have
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