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U.S. v. JORDAN

No. 00-15828.

316 F.3d 1215 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Albert JORDAN, Jimmy Woodward, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 6, 2003.

Attorney(s) appearing for the Case

Michael V. Rasmussen, U.S. Atty., Shirley L. McCarty, Craig Donsanto, Donald Cochran, Birmingham, AL, Thomas M. Gannon, Crim. Div., App. Section, Washington, DC, for Plaintiff-Appellant.

William N. Clark, Redden, Mills & Clark, David Cromwell Johnson, Johnson & Mobley, Christopher B. Parkerson, David Cromwell Johnson & Associates, Birmingham, AL, for Defendants-Appellees.

Before TJOFLAT, BARKETT and WILSON, Circuit Judges.

TJOFLAT, Circuit Judge:

During the trial of this criminal case, while the Government was putting on its case in chief, the district court dismissed the indictment with prejudice on the ground of prosecutorial misconduct. According to the court, the prosecutor's withholding and/or untimely production of evidence and other material discoverable under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), Giglio...

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