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by Greg Siskind

9th Circuit Court of Appeals Orders DOJ to Opine on Prosecutorial Discretion

Hat tip to Dan Kowalski at LexisNexis for this. From Dan:

Feb. 6, 2012: In five published cases posted today a three-member panel of the U.S. Court of Appeals for the Ninth Circuit ordered DOJ to "advise the court by March 19, 2012, whether the government intends to exercise prosecutorial discretion in [these cases] and, if so, the effect, if any, of the exercise of such discretion on any action to be taken by this court with regard to [these cases.]"  Judge O'Scannlain dissented.