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UNITED STATES v. B. G. G.

No. 21-10165.

53 F.4th 1353 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. B. G. G., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: November 22, 2022.

Attorney(s) appearing for the Case

Nicole D. Mariani, Alexandra Chase, Lisa Tobin Rubio, Emily M. Smachetti, U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service, Miami, FL, for Plaintiff-Appellant.

David Oscar Markus, Markus/Moss, PLLC, Miami, FL, for Defendant-Appellee.

John D. Cline, Law Office of John D. Cline, Seattle, WA, Amy Mason Saharia, Williams & Connolly, LLP, Washington, DC, for Amicus Curiae National Association of Criminal Defense Lawyers.

Erica Perdomo, Quinn Emanuel, Miami, FL, Ryan K. Stumphauzer, Stumphauzer Kolaya Nadler & Sloman, PLLC, Miami, FL, for Amicus Curiae Former Federal Prosecutors.

John D. Cline, Law Office of John D. Cline, Seattle, WA, Clark M. Neily, III, Institute for Justice, Arlington, VA, for Amicus CuriaE Cato Institute.

Before Wilson, Luck, and Lagoa, Circuit Judges.

Federal Rule of Criminal Procedure 48(a) allows the government to dismiss an information (or indictment) before trial with "leave of court." But, because "[f]ew subjects are less adapted to judicial review than the exercise by the [e]xecutive of his discretion in deciding ... whether to dismiss a proceeding once brought,"

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