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SCOTT v. U.S.

Nos. 15-11377 16-11950.

890 F.3d 1239 (2018)

Gino Velez SCOTT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 2018.

Attorney(s) appearing for the Case

Rosemary Cakmis , Federal Public Defender's Office, 201 S Orange Ave. Suite 300, Orlando, FL 32801, James H. Burke , Jr., Lisa Call, Federal Public Defender's Office, 200 W Forsyth St. Suite 1240, Jacksonville, FL 32202-4326 for Petitioner-Appellant.

Roberta Josephina Bodnar , U.S. Attorney's Office — FLM, 35 SE 1st Ave Suite 300, Ocala, FL 34471, Michelle Thresher Taylor , Arthur Lee Bentley, III , U.S. Attorney's Office, 400 N Tampa St. Suite 3200, Tampa, FL 33602-4798, David Rodney Brown , U.S. Attorney's Office, 300 N Hogan St. Suite 700, Jacksonville, FL 32202-4270 for Respondent-Appellee.

Before ROSENBAUM and JILL PRYOR, Circuit Judges, and BARTLE, District Judge.

Prosecutors are "servant[s] of the law" and should "prosecute with earnestness and vigor." Berger v. United States, 295 U.S. 78, 88, 55 S.Ct. 629, 79 S.Ct. 1314 (1935). But though the prosecutor "may strike hard blows, he is not at liberty...

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