Can a federal district court retroactively retroactively assess the risk of future use of certain types of medical malpractice?

MultiRegion, United States of America

The following excerpt is from United States v. Shellef, Docket No. 11-876-cr (2nd Cir. 2013):

retrospective findings of impracticality to safeguard against the risk, noted in United States v. Tunnesson, 763 F.2d 74 (2d Cir. 1985), that district courts will "simply rationalize [their] action[s] long after the fact, in order to cure an unwitting violation of the Act," id. at 78. This argument is unpersuasive for several reasons.

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