When a federal district attorney is absent from office, can he delegate his duties to his assistant?
MultiRegion, United States of America
The following excerpt is from USA v. Wallace, 213 F.3d 1216 (9th Cir. 2000):
The other circuits that have considered the question have upheld delegations under this regulation. United States v. Smith, 532 F.2d 158, 160 (10th Cir. 1976); United States v. Wolk, 466 F.2d 1143, 1146 n.2 (8th Cir. 1972). We agree with them. Life doesn't stop just because the United States Attorney is absent from office. The regulation sensibly makes provision for the United States Attorney to designate assistants to act in his stead when necessary.
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