United States v. Espinal

OPINION

CHIN, Circuit Judge:

In this case, defendant Jose Espinal moves in the interest of justice to dismiss the indictment against him for prosecutorial misconduct. In particular, he alleges that the government violated his rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). He also contends that the government made misrepresentations in wiretap and search warrant applications and in presentations to the grand jury.

While I conclude that the government did engage in a pattern of…