Ferrara v. United States

MEMORANDUM AND ORDER

WOLF, District Judge.

TABLE OF CONTENTS

I. SUMMARY.387

II. FACTS.390

III. ANALYSIS.408

A. Summary of Analysis . 408

B. Ferrara Has Stated A Claim On Which Relief May Be Granted And That Claim Is Not Barred By The Teague v. Lane Doctrine.410

C. The Reasonable Probability Standard Applies.421

D. Ferrara Was Denied Due Process And Is Entitled To Relief.423

E. Remedy.433

IV. CONCLUSION.440

V. ORDER.441

I. SUMMARY

This is the latest — and hopefully the last — in a series of related cases that have demonstrated extraordinary misconduct by the Department of Justice in its investigation and…