In United States v. Johnson, No. 13-10320, the Ninth Circuit Friday rejected the government's appeal of an order dismissing the indictment against Douglas Arthur Johnson, which charged him with fraud involving airline parts in No. 2:11-CR-0429-JAM. The court of appeals affirmed Judge Mendez's finding that the government entered into a non-prosecution agreement when the AUSA told the defendant, among other things, to "just tell the truth [at the grand jury proceeding] and everything will be ok" and both parties understood at the time that he would not be prosecuted.
What? Judges Reinhardt and Callahan on the same side in a criminal appeal! That might be a first.
