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U.S. v. McILWAIN

No. 18-3087.

931 F.3d 1176 (2019)

UNITED STATES of America, Appellee v. Jerry MCILWAIN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2019.

Attorney(s) appearing for the Case

A.J. Kramer , Federal Public Defender, argued the cause and filed the memorandum of law and fact and reply for appellant.

Daniel J. Lenerz , Assistant U.S. Attorney, argued the cause for appellee. With him on the memorandum of law and fact were Jessie K. Liu , U.S. Attorney, and Elizabeth Trosman , Assistant U.S. Attorney.

Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Sentelle.

Federal Rule of Criminal Procedure 32(e)(3) provides that, "by order in a case," a district court "may direct the probation officer not to disclose to anyone other than the court the officer's recommendation on the sentence." Defendant Jerry McIlwain filed an unopposed motion asking the district court to direct the probation...

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