United States v. Keith Dwayne Gilbert

SKOPIL, Circuit Judge:

Defendant-appellee Keith Dwayne Gilbert was charged in a one-count information and a four-count indictment of violating the Fair Housing Act, 42 U.S.C. § 3631(b) and (c) (1982). The district court dismissed the information for failure to state an offense. The government requested a continuance of the trial on the indictment charges or, alternatively, a dismissal without prejudice. The district court denied the continuance, and when the government refused to proceed to trial, the court dismissed the indictment with prejudice. We reverse and remand.

FACTS AND PROCEEDINGS…