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invokes the privilege bears the burden of establishing that it ap- plies to the communications at issue and that it not been waived. See State of Maine . United States Dept of the Interi- or, 29 F.3d 60, 71 (1st Cir.2002); United States Bollin, 264 F.3d 391, 412 (4th ar.2 ). Thus, XYZ must carry
here petitioners sought to vacate plea agreement which made no provision for restitution in deference to pending civil litigation); United States'. Aguirre-Gonzalez, 597 F.3d 46 (1st Cir. 2010) (relying on the "strong interest in the finality of criminal sentences" to reject mandamus under the Act where a defend
astern U.S. A Navy engineer is assigned as the Navy's technical representative on a task order for remediation of an oil spill at a Navy activity in Maine. The Navy engineer is personally and substantially involved in the task order (e.g., he negotiates the scope of work, the labor hours required, and
them to intervene as parties to a prosecution." In re Amy Unknown, F.3d , 2011 WL 988882 at •2 (5th Cr. Mar. 22, 2011). See also United States v. Aguirre-Gonzalez, 597 F.3d 46, 'Fed. R. Crim. P. 60 was adopted on April 23, 2008 and made effective on December 1, 2008. While this was after most of the relevant
astern U.S. A Navy engineer is assigned as the Navy's technical representative on a task order for remediation of an oil spill at a Navy activity in Maine. The Navy engineer is personally and substantially involved in the task order (e.g., he negotiates the scope of work, the labor hours required, and
w them to intervene as parties to a prosecution." In re Amy Unknown, F.3d , 2011 WL 988882 at •2 (5th Cr. Mar. 22, 2011). See also United States. Aguirre-Gonzalez, 597 F.3d 46, 'Fed. R. Crim. P. 60 was adopted on April 23, 2008 and made effective on December 1, 2008. While this was after most of the relevant
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