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Judges and Judiciary,

Feb. 28, 2024

Judge accuses prosecutors of misleading court in re-arrest

A district court judge accused federal prosecutors of misleading the 9th Circuit and a magistrate judge to effect the rearrest of a man whose indictment had been dismissed.

U.S. District Judge Cormac J. Carney

U.S. District Judge Cormac J. Carney in Santa Ana said government prosecutors “mischaracterized” a defendant’s status in an emergency motion to the 9th U.S. Circuit Court of Appeals, which reversed the judge’s order to release a man from custody after the charges against him had been dismissed and he had been freed.

Carney said in a new order Monday that he was “troubled by the chain of events” that led to the rearrest. The judge acknowled...

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