Criminal Division. Appellate Section tel: fax: Original Message From: [mailto: Sent: Sunda . March 27, 2011 1:31 PM To: (USAFLS); Subject: Emailing: CVRA Omnibus Response.wpd USAFLS «CVRA Omnibus Response.wpd>> Hi and MI -- Obviously, this is just a rough draft of an introduction. I have been side-tracked by research. I found a case where a prisoner tried to use the CVRA in a habeas/Rule 35 type claim. I think that is a good example of how the CVRA, as Cassell sees it, could be abused. Since every assault on a federal prisoner is a federal crime, federal defendants could demand meetings with AUSAs claiming that they were assaulted (whether or not the assaults actually occurred) and, even if the USAO decided to defer to administrative authorities, i.e., the Bureau of Prisons, according to Cassell, we would be forced to go meet with them. I also have found good language in several cases that suggest that the Petitioners' failure to prosecute the case will end up being a second reason to dismiss the petition. Cassell will, no doubt, try to pin the blame on us, but they had no contact with us for over a year while they were pursuing their civil claims against Epstein. In the meantime, Epstein finished serving his entire criminal sentence. And now they want to try to attack the "plea" agreement. There is good language about the need for finality in criminal proceedings that should help with that. Talk to you all on Monday. Thanks. The message is ready to be sent with the following file or link attachments: CVRA Omnibus Response.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. From: (USAFLS) e > Sent: Tuesday, March 29, 2011 10:13 AM To: ); (USAFLS) Subject: Emailing: CVRA Omnibus Response.wpd Attachments: CVRA Omnibus Response.wpd «CVRA Omnibus Response.wpd» It would help if I sent this along. Sorry! EFTA00206473