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Deal Or No Deal: Parties Offer Case Swap In Sentencing Issue

Publication Date: 
June 06, 2007
Daily Journal
Brent Kendall

Professor Jeffrey Fisher is quoted in a story about a case, Claiborne v. U.S., 06-5618, where the defendant died, prompting the defense and the prosecution to propose substituting another case:

"I can't think of a time when the court has done what the lawyers are asking it to do," Stanford University law professor Jeffrey L. Fisher said.

On the other hand, Fisher added, the pressing federal-sentencing questions presented by the case "are almost unique in terms of the extent to which they pervade almost every criminal case."