This section contains the nature of the case and procedural background.

Members of the El Rukns, a notorious Chicago street gang, were indicted for a variety of crimes. The government's case depended heavily on the testimony of six former gang members. After a four-month trial, five of the defendants were sentenced to life and two got 50 years each. Ds motioned for a new trial in that the government had knowingly allowed some of their ex-gang witnesses to perjure themselves and withheld evidence that during the trial all six of their witnesses were in protective custody and had used drugs and received unlawful favors from government prosecutors and their staff. The trial judge granted a new trial, and the government appealed.

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