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U.S. v. BROOKS

No. 98-1111.

145 F.3d 446 (1998)

UNITED STATES of America, Appellant, v. Robert BROOKS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 5, 1998.

Attorney(s) appearing for the Case

David J. Apfel, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for appellant.

James B. Krasnoo, with whom Richard Briansky was on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

SELYA, Circuit Judge.

This interlocutory appeal, brought pursuant to 18 U.S.C. § 3731, challenges a brink-of-trial order precluding the government from introducing into evidence certain proof that it deems essential to the prosecution of the crimes charged. A subsequent clash of wills between the prosecutor and the district judge complicates the picture on appeal. We rehearse the background and the travel of the case, untangle a jurisdictional snarl, and then...

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