(Deming) – Federal prosecutors  are urging a federal judge to deny a motion to dismiss charges against members  of a Deming family accused in a gun smuggling case.

The Las Cruces Sun-News is  reporting that the request on behalf of Rick Reese and Terri Reese and their son  Ryin Reese says prosecutors have shown a pattern of ignoring the defendants'  constitutional rights to a fair trial.

The judge in the case previously  granted the defendants a new trial because the government didn't tell the  defense that a prosecution witness had been the subject of an  investigation.

A response filed Monday by  prosecutors says that dismissal is not called for because the judge already  granted the defendants a new trial.  The response also says the government respects the right to fair  trials.