United States of America, Plaintiff - Appellant, v. Victor Hernandez-rosas, Defendant - Appellee, 62 F.3d 1426 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 62 F.3d 1426 (9th Cir. 1995)

Argued and Submitted July 14, 1995. Decided Aug. 8, 1995


Before: LAY* , BRUNETTI, and RYMER, Circuit Judges

MEMORANDUM** 

The government appeals from the dismissal of its indictment against Victor Hernandez-Rosas due to its failure to comply with a discovery order. For the reasons set forth in our opinion in United States v. Gomez-Lopez, No. 94-50548 (9th Cir. August 4, 1995), we reverse dismissal of the indictment because the scope of the discovery ordered bears no relationship to the decision to prosecute Hernandez-Rosas.

REVERSED and REMANDED.


 *

Honorable Donald P. Lay, United States Senior Circuit Judge for the Eighth Circuit Court of Appeals, sitting by a designation

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3