UNITED STATES v. GATTO

Nos. 84-1121, 84-1133.

763 F.2d 1040 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Jerome GATTO, Virgil Redmond, Joseph Bonanno, Jr., and Salvatore Bonanno, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1985.


Attorney(s) appearing for the Case

Donald B. Ayer, U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

D. Gilbert Athay, Salt Lake City, Utah, Charles R. Garry, Dennis P. Riordan, San Francisco, Cal., for defendants-appellees.

Before WALLACE, HUG, and SCHROEDER, Circuit Judges.


WALLACE, Circuit Judge:

The federal government appeals the district court's order excluding evidence seized by Utah state officials in a trash search operation about which the federal government failed to notify the defense until a few weeks before trial was to begin, even though the state had obtained the evidence two years earlier. It also appeals the district court's subsequent dismissal of the action with prejudice for failing to proceed to trial before the appeal...

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