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Prosecutors have also asked that the judge dismiss Mr. Nosair's petition, which seeks a new trial.
And he asked that the judge use his "discretion" to sentence him "below the guideline range".
He asked that the judge, Shira A. Scheindlin, dismiss the indictment.
In recent court papers, however, Mr. Richman asked that the judge impose "time served".
As a result of those remarks, Mr. Barry asked that the judge be removed and that six-month prison sentence be reconsidered by another judge.
They asked that the judge order the city to reimburse them for legal fees, and to inform them of any future changes in policy.
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Mr. Haefele and other plaintiffs' lawyers had filed a petition this month with the United States Court of Appeals for the Second Circuit, asking that the judge be removed from the case.
If not, it asks that the judge reconsider, arguing that the suit was not filed on behalf of all military personnel.
As Parker says, defense lawyers can always request a change in venue or ask that the judge recuse himself.
The state agency only has the authority to ask that the judge stop presiding.
As it is, eBay has already asked that the trial judge reverse the jury decision.
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