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RAMOS COLON v. U. S. ATTY. FOR D. PUERTO RICO

No. 76-1537.

576 F.2d 1 (1978)

Delfin RAMOS COLON, Petitioner, Appellant, v. UNITED STATES ATTORNEY FOR the DISTRICT OF PUERTO RICO, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 17, 1978.

Attorney(s) appearing for the Case

Jose Antonio Lugo, New York City, with whom Elizabeth M. Schneider, New York City, Juan Ramon Acevedo, Hato Rey, P.R., William H. Schaap, Washington, D. C., and Jose B. Diaz Asencio, Trujillo Alto, P.R., were on brief, for appellant.

Herbert W. Brown, III, Asst. U.S. Atty., San Juan, P.R., with whom Julio Morales Sanchez, U.S. Atty., San Juan, P.R., was on brief, for appellee.

Before COFFIN, Chief Judge, MOORE, Senior Circuit Judge, BOWNES, Circuit Judge.

COFFIN, Chief Judge.

This case raises questions concerning the duty of a district court to investigate and punish alleged prosecutorial misconduct at the insistence of a private party. Appellant was a defendant in a criminal case who obtained dismissal of the charges against him when, during the second day of trial, the assistant United States Attorney represented to the district court that the government could not prove its case. Appellee is the United States Attorney...

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