United States of America, Plaintiff - Appellant, v. Victor Hernandez-rosas, Defendant - Appellee, 62 F.3d 1426 (9th Cir. 1995)Annotate this Case
Argued and Submitted July 14, 1995. Decided Aug. 8, 1995
Before: LAY* , BRUNETTI, and RYMER, Circuit Judges
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.