11th Circ. Vacates Sanctions Against US In Shaygan Case

Law360, New York (August 29, 2011, 3:28 PM EDT) -- The Eleventh Circuit on Monday vacated sanctions against the U.S. Department of Justice for failing to disclose the cooperation of key witnesses in a case in which physician Ali Shaygan was acquitted of 23 counts of illegally distributing pharmaceuticals.

The three-judge panel ruled 2-1 that the trial court abused its discretion by imposing sanctions for a prosecution that was “objectively reasonable,” and that it violated two prosecutors' right to due process by denying them notice of their misconduct and a chance to be heard in court....
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