U.S. v. NEBRASKA BEEF, LTD.

No. 4:00CR355.

194 F.Supp.2d 949 (2002)

UNITED STATES of America, Plaintiff, v. NEBRASKA BEEF, LTD., and, Nebraska Beef, Inc., together d/b/a Nebraska Beef, Kim V. Nguyen, Mario Villarreal-Carrillo a/k/a Mario Villarreal-Carlos, Tony N. Joy, Julian Martinez, Jose de Jesus Quezada-Neri, a/k/a/ Jesus Quezada, Angelica Quezada, a/k/a/ Angelica Rosales, and, Dionicio Labra, Defendants.

United States District Court, D. Nebraska.

April 8, 2002.


Attorney(s) appearing for the Case

Alan Everett, Assistant United States Attorney, Lincoln, NE, for plaintiff.

Mark A. Weber, Walentine, O'Toole Law Firm, Emil M. Fabian, III, Fabian, Thielan Law Firm, Mary C. Gryva, Frank, Gryva Law Firm, William M. Lamson, Jr., Robert A. Mooney, Brian J. Brislen, Lamson, Dugan LLP, Michael A. Nelsen, Hillman, Forman Law Firm, Steven E. Achelpohl, Omaha, NE, for defendants.


MEMORANDUM AND ORDER

KOPF, Chief Judge.

This disturbing case presents an important question. When the government removed hundreds of illegal aliens from this country before their testimony could be preserved, did the government act in bad faith and deny the defendants material and favorable evidence? On April 5, 2002, concluding that the answer was "yes," I announced that I would dismiss the indictment as to certain of the defendants.

While a "very...

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