Ring v. United States, 419 U.S. 18 (1974)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

dg:syll*

Syllabus

Where the Assistant United States Attorney prosecuting petitioner denied during the trial that two counts of a three-count indictment against the Government’s chief witness involving the same events for which petitioner was convicted had been dropped in return for the witness’ cooperation and testimony, but the United States Attorney’s records indicated that the Assistant had agreed to drop two counts in return for a guilty plea to the third count, the Court of Appeals’ judgment affirming petitioner’s conviction is vacated and the case is remanded to that court so that if, on the basis of Government documentation, it is unable to decide whether the Assistant "failed to make any required disclosure," it can remand the case to the District Court for further proceedings.

Certiorari granted; vacated and remanded.