United States v. Jose Dejesus Gonzalez

We are presented with the question whether, and under what circumstances, a district court may deny the government’s request for leave to file a dismissal of an indictment. In the ease before us, after the defendant fulfilled his agreement to cooperate with the prosecution, the government sought to dismiss one of two remaining counts against him. The district judge refused leave to dismiss. The defendant appealed, and the United States joins him in urging us to reverse the district court’s decision.

I.

Jose de Jesus Gonzalez was indicted on three counts — (1) conspiracy to distribute and possession with intent to distribute cocaine in excess of 500 grams, in violation of 21 U.S.C. §§ 841 (a)(1), 846; (2) possession with intent to distribute 2 kilograms of cocaine, in violation of 21 U.S.C. § 841 (a)(1); and (3) carrying a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924 (c). He pled guilty to Counts I and III and agreed to cooperate in the prosecution of his codefendants and in the government’s investigation of two drug organizations. In return, the government dismissed Count II.

Seven months later, after Gonzalez had assisted the…