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FERRARA v. U.S.

Nos. 05-1736, 05-1830, 05-1874.

456 F.3d 278 (2006)

Vincent FERRARA, Petitioner, Appellee, v. UNITED STATES of America, Respondent, Appellant. United States of America, Appellant, v. Vincent Ferrara, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 10, 2006.

Attorney(s) appearing for the Case

Michael A. Rotker, Attorney, Criminal Division (Appellate Section), United States Department of Justice, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Martin G. Weinberg, with whom Kimberly Homan and David Z. Chesnoff were on brief, for appellee.

Before BOUDIN, Chief Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

It is axiomatic that the government must turn square corners when it undertakes a criminal prosecution. This axiom applies regardless of whether the target of the prosecution is alleged to have engaged in the daintiest of white-collar crimes or the most heinous of underworld activities. It follows that courts must be scrupulous in holding the government to this high standard as to sympathetic and unsympathetic defendants alike. The case before...

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