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17-10448 - USA v. Joseph Arpaio


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17-10448 - USA v. Joseph Arpaio
April 17, 2018
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Filed Order for PUBLICATION (A. WALLACE TASHIMA, WILLIAM A. FLETCHER and RICHARD C. TALLMAN) (Dissent by Judge Tallman) This case is on appeal from the district court’s denial of Defendant-Appellant’s request for vacatur of his conviction for criminal contempt. The validity of the district court’s denial will be addressed by the merits panel assigned to this case. We address only the question of whether to appoint a special prosecutor to defend the district court’s decision in light of the United States’ letter informing this Court that “[t]he government does not intend to defend the district court’s order.” For the reasons discussed below, we will appoint a special prosecutor to provide briefing and argument to the merits panel. (SEE ORDER FOR FULL TEXT) We will appoint special counsel and address all other pending motions by separate order. SO ORDERED. [10839081]