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U.S. v. TURNER

Nos. 95-50494, 95-50496, 95-50528 and 95-50550.

104 F.3d 1180 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Alvin Debois TURNER, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. William Earl JONES; Michael Joel Davis, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Frederick BANKS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Ronald Wayne JOHNSON, aka Easy aka Heedy, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 7, 1996.

Submitted July 29, 1996.

Decided January 16, 1997.

Attorney(s) appearing for the Case

Richard E. Drooyan, Miriam A. Krinsky, George S. Cardona, Elizabeth R. Abrams, Assistant United States Attorneys, Los Angeles, CA, for plaintiff-appellant.

Hector C. Perez, San Diego, CA, for defendant-appellee Alvin Debois Turner.

Dean R. Gits, Overland & Gits, Santa Monica, CA, for defendant-appellee Michael Joel Davis.

Michael J. Treman, Santa Barbara, CA, for defendant-appellee Frederick Banks.

Errol H. Stambler, Los Angeles, CA, for defendant-appellee Ronald Wayne Johnson.

Dwight B. Moore, Los Angeles, CA, for defendant-appellee William Earl Jones.

Before: BEEZER, BRUNETTI, and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The government appeals the district court's dismissal of the indictments of five defendants charged with the distribution of crack cocaine — dismissals imposed as sanctions for failure to comply with the district court's discovery orders after the defendants had alleged that they were being selectively prosecuted on the basis of their race. Guided by United States v. Armstrong, 48 F.3d 1508 (9th...

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