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UNITED STATES v. BILODEAU

Nos. 19-2292, 20-1034, 20-1054.

24 F.4th 705 (2022)

UNITED STATES, Appellee, v. Brian BILODEAU, Defendant, Appellant. United States, Appellee, v. MR, LLC, Defendant, Appellant. United States, Appellee, v. Tyler Poland; Ty Construction, LLC; Ty Properties, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

January 26, 2022.

Attorney(s) appearing for the Case

Jamesa J. Drake , with whom Drake Law LLC, Timothy E. Zerillo , and Zerillo Law Firm, LLC were on brief, for appellant Brian Bilodeau.

Alfred C. Frawley, IV , with whom Thimi R. Mina and McCloskey, Mina, Cunniff & Frawley, LLC were on brief, for appellant MR, LLC.

Thomas F. Hallett , with whom Benjamin N. Donahue and Hallett Whipple Weyrens were on brief, for appellants Tyler Poland, Ty Construction, LLC, and Ty Properties, LLC.

Professor Scott Bloomberg , amicus curiae.

Benjamin M. Block , Assistant United States Attorney, with whom Halsey B. Frank , United States Attorney, was on brief, for appellee.

Before Kayatta, Barron, Circuit Judges, and O'Toole, District Judge.

This interlocutory appeal requires us to consider whether and under what circumstances a congressional appropriations rider prohibits the Department of Justice (DOJ) from spending federal funds to prosecute criminal defendants for marijuana-related offenses. After being indicted...

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