United States v. Robert Hamm, United States of America v. Willis Judge Butler, Les Wallick Fuller, Dayton Bud Evans, Jr. And Larry Dale Washington

AINSWORTH, Circuit Judge:

This case presents a constitutionally important conflict between a trial judge and a government prosecutor over the right of the Government to dismiss indictments against defendants who, after having pleaded guilty to criminal charges, cooperated with the Government in the prosecution of the leaders of a large drug-smuggling conspiracy.

The appellants, Robert Hamm, Willis Butler, Les Fuller, Dayton Evans, Jr., and Larry Washington, appeal from the district court’s denial of the Government’s motion to dismiss the indictments against them, and the court’s denial of their…