U.S. v. JACOBS

No. 87-1082.

855 F.2d 652 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Wesley JACOBS and Santokh Singh Takhar, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1988.


Attorney(s) appearing for the Case

David F. Levi, U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Eric K. Fogderude, Fletcher & Fogderude, Fresno, Cal., for defendant-appellee Jacobs.

George A. McKray, San Francisco, Cal., for defendant-appellee Takhar.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and STEPHENS, District Judge.


PER CURIAM:

The government appeals the district court's dismissal for prosecutorial misconduct of an indictment against Wesley Jacobs and Santokh Singh Takhar. The government contends that (1) no prosecutorial misconduct occurred and therefore the district court lacked a legal or factual basis for its dismissal, and (2) if reversed the case should be reassigned to another judge. We agree and we reverse and remand with instructions.

FACTS AND PROCEEDINGS<...

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