No. 07-1662.

522 F.3d 150 (2008)

UNITED STATES of America, Appellant, v. Rodney LOPEZ-MATIAS, Eduardo Riera-Crespo, and Raymond Alers-Santiago, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 10, 2008.

Attorney(s) appearing for the Case

John Alex Romano, Attorney, Criminal Division, United States Department of

Justice, with whom Rosa E. Rodriguez-Velez, United States Attorney, and Antonio R. Bazán, Assistant United States Attorney, were on brief, for appellant.

John R. Martin, with whom Martin Brothers, P.C. was on brief, for appellee Rodney Lopez-Matias.

David A. Ruhnke, with whom Ruhnke & Barrett was on brief, for appellee Eduardo Riera-Crespo.

Steven M. Potolsky for appellee Raymond Alers-Santiago.

Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

HOWARD, Circuit Judge.

In this carjacking case, the district court ruled that the government could not seek the death penalty, citing the government's failure to abide by its own policies and by local court rules. The government appeals. Finding appellate jurisdiction over the matter, we hold that the district court abused its discretion when it failed to consider whether there was prejudice to the defendants. We can discern no prejudice on the record. Accordingly...

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