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U.S. v. McCALLUM

No. 12-3070.

721 F.3d 706 (2013)

UNITED STATES of America, Appellee v. Winston McCALLUM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2013.

Attorney(s) appearing for the Case

Lisa B. Wright , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender. Tony Axam Jr. , Assistant Federal Public Defender, entered an appearance.

Kristina L. Ament , Assistant U.S. Attorney, argued the cause for appellee. On the brief were Ronald C. Machen, Jr. , U.S. Attorney, and Elizabeth Trosman , Chrisellen R. Kolb , Kenneth F. Whitted , and Kathryn L. Rakoczy , Assistant U.S. Attorneys. Elizabeth H. Danello , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge GINSBURG.

GINSBURG, Senior Circuit Judge:

After the prosecutor repeatedly failed to meet his disclosure obligations, Winston McCallum moved for and obtained a mistrial. Shortly before retrial the prosecutor belatedly disclosed yet more information that McCallum had subpoenaed before the first trial. Arguing that he would have seen the first trial through to a verdict but for the Government's latest disclosure violation, McCallum moved to dismiss the indictment under the Double...

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