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U.S. v. RAY

No. 03-30339.

375 F.3d 980 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Victoria L. RAY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2004.

Attorney(s) appearing for the Case

Steven L. Lane, United States Department of Justice, Washington, DC, for the plaintiff-appellant.

Anthony R. Gallagher, Federal Defender of Montana, Great Falls, MT, for the defendant-appellee.

Robert S. Bennett, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for the amicus curiae.

Before GRABER and CLIFTON, Circuit Judges, and BREWSTER, District Judge.

GRABER, Circuit Judge.

In this case, the functions of our three branches of government intersect at a novel point. The United States District Court for the District of Montana issued Standing Order No. DWM-28 ("Standing Order"). The Standing Order directed the United States Attorney, within 20 days after sentencing occurs in each criminal case, to assemble and file with the court clerk a report of sentence. The court clerk was to send these reports to the United States...

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