UNITED STATES v. BERRIOS

No. 1111, Docket 74-1365.

501 F.2d 1207 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Pablo BERRIOS et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 8, 1974.


Attorney(s) appearing for the Case

James W. Dougherty, Sp. Atty., U.S. Dept. of Justice, Edward John Boyd, V, U. S. Atty., E. D. of N. Y., Denis E. Dillon, Sp. Atty., U. S. Dept. of Justice, on the brief, for plaintiff-appellant.

Martin Garbus, New York City, on the brief for Pablo Berrios, defendant-appellee.

Michael B. Standard, New York City (Rabinowitz, Boudin & Standard, New York City, on the brief), for William Nuchow and Julius Zaretsky, defendants-appellees.

Phylis Skloot Bamberger, Atty., New York City (William J. Gallagher, The Legal Aid Society of New York City, Federal Defender Service Unit, on the brief), for Matthew Principe, defendant-appellee.

Before KAUFMAN, Chief Judge, and MANSFIELD and MULLIGAN, Circuit Judges.


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...

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