1. Did the Fifth Circuit enter a decision in conflict with Brecht v. Abrahamson, 507 U.S. 619, 638 n.9 (1993), by reviewing the district court's order dismissing the indictment with prejudice for a violation of Brady v. Maryland, 373 U.S. 83 (1963), and for prejudice instead of reviewing the district court's order for structural error, where the district court's dismissal was based on its finding that "the integrity of this prosecution has been destroyed" by the government's pattern of misconduct?

2. Did the Fifth Circuit enter a decision in conflict with Berger v. United States, 295 U.S. 78, 88 (1935), Brady v. Maryland, 373 U.S. 83 (1963), and United States v. Hastings, 461 U.S. 499, 505 (1983), by reinstating the indictment where the district court found that the integrity of the prosecution had been destroyed by the government's failure to produce exculpatory evidence, its false statements to the court, and its misconduct that allowed private parties to selectively pick and choose the evidence to be used by the prosecution, which resulted in the permanent loss of other evidence?

3. Did the Fifth Circuit enter a decision in conflict with Anderson v. Bessemer City, 470 U.S. 564 (1985), by failing to show deference to the district court's findings of fact and credibility determinations and by ignoring the evidence supporting them when it reinstated the indictment based on its own global determination of the facts?

Did the Fifth Circuit err in reinstating the indictment despite the district court's finding that the prosecutor's misconduct destroyed the integrity of the prosecution?