United States v. Jerome Gatto, Virgil Redmond, Joseph Bonanno, Jr., and Salvatore Bonanno

WALLACE, Circuit Judge:

The federal government appeals the district court’s order excluding evidence seized by Utah state officials in a trash search operation about which the federal government failed to notify the defense until a few weeks before trial was to begin, even though the state had obtained the evidence two years earlier. It also appeals the district court’s subsequent dismissal of the action with prejudice for failing to proceed to trial before the appeal of the exclusion order was resolved. The district court had jurisdiction over this case pursuant to 18 U.S.C. § 3231. We have…