Federal Judges wouldn’t want to be bothered with low-level crimes that could’ve been prosecuted in the state court. Monti L. Belot, a Senior U.S. District Judge, expressed this in a pointed way.
Last year, he dumped a case from the Justice Department against two Kansas residents facing weapon and drug charges.
But the 10th U.S. Circuit appeals court gave him a reminder that the decision to filing federal charges is the job of the executive branch.
A federal district judge may deny an indictment when a prosecutor misconduct has influenced a decision of the grand jury to file charges.
The court ruling reinstated charges made against Mr. Walker and Ms. Johnson. Their case grew as a result of a police search in their trash bins, after acquiring a tip that Walker was doing drug deals.
The search led to over 20 grams of cocaine, pain relievers, and a handgun. Walker and Johnson were indicted on charges last year.
The reinstated case will make its way back to Belot’s court.