lol… damn google!
okay, wierd. after an extensive search I can’t find the case anywhere. perhaps you can actually cite something we don’t have to take your word for.
also, this is the 6th circuit. DC circuit has controlling precedents.
As I said in my initial post, I can’t show you the case unless you have a Lexis account - or access to a law library.
If the DC Circuit has controlling precedent contrary to the 6th Circuit, you are welcome to show it.
The post I responded to asked for “any cases, federal or state”.
https://www.casemine.com/judgement/us/5914fa4badd7b049349a73f2
There you go. From the “circuit” court.
great, moving on. the appellate court is not asking for a decission, they are demanding an explanation.
Hmm…
ORDERED, on the court’s own motion, that within ten days of the date of this order the district judge file a response addressing petitioner’s request that this court order the district judge to grant the government’s motion to dismiss filed on May 7, 2020 (ECF No. 198). See Fed. R. Crim. P. 48(a); United States v. Fokker Services B.V., 818 F.3d 733 (D.C. Cir. 2016).
Again, what kind of “response” are they expecting? Is “looking into it, let you know in a month” OK? How about, “maybe, not quite sure?”
How about: I’m reviewing the motion to dismiss and will rule on it.
The motion to dismiss seems to contradict some of the previous statements by the DOJ. Wouldn’t those contradictions need to be explained? Stricken from the record?
And the Prosecutors ran away why?
Part of the writ includes reassigning the case to another judge.
Also if writ is not granted, Powell already said another writ will go the Supreme Court.
The DC Circuit has full discretion as to how they grant the Writ. They may grant the Writ in full or in part. They may send the case back to Sullivan with orders to dismiss or they may reassign it to another Judge with orders to dismiss.
I do believe that it is close to 100% likely that the DC Circuit will grant the Writ and that this case will not have to go to the Supreme Court.
they are demanding he respond to them and explain himself, not that he decide the case,
my guess is they’ll dismiss it themselves and skip all the drama.
not what they’re asking for. what they’re asking for is for him to explain why they should not grant the writ.
and you are wrong. he was not found in contempt and did not receive a sentence enhancement for attempting to change his plea. The obstruction enhancement was due to be argued at sentencing before he tried to change his plea by order of the judge. further, this case would not be instructive because unlike the flynn case, the state did not agree that he should be able to change his plea and called witnesses that refuted his claim of innocence.
your clients really should demand a refund.
“Addressing petitioners request.”
You seem to think if his response is one in which he prolongs a decision the circuit judges would be OK with that.
Not an attorney. Might want to reread that though. You’ve missed something. This will be a good learning experience. Don’t give up!
you’re severely confused.
The appellate courts order is that he respond to them and defend his decisions re the complaint. Not that he decide the case. He us to address the petitioners appeal and argue why it should not be granted, not decide the case.
yes, you might want to reread it, because you got it all wrong.
The judge told the lawyers to be prepared to argue why he should or should not apply a sentence enhancement prior to sentencing. Instead of doing that Vargas attempted to change his plea. The obstruction enhancement is unconnected to his plea.
Ouch. Getting colder!
No confusion here. Great thing is that in just a few days you get to find out how confused you were. Exciting!
