United States v. Pablo Berrios

MANSFIELD, Circuit Judge:

At issue on this appeal by the government is the question of whether the district court, after the defendant Pablo Berrios alleged that in this case he had been the victim of selective and discriminatory prosecution by the government, acted properly and within its powers in dismissing the indictment against all defendants because of the government’s refusal to turn over to the court for disclosure to defense counsel a memorandum that had been sent by the prosecutor to the United States Department of Justice recommending that prosecution of the defendants be initiated.…