SAN FRANCISCO — In a high-profile capital gang case, the Northern District U.S. attorney’s office has suffered a fresh rebuff at the hands of its masters in Washington.

The Justice Department recently rejected a 40-year plea deal for Emile Fort, an alleged member of the Down Below gang who faces the death penalty, said Fort’s lawyer, Michael Thorman of Bonjour, Thorman, Baray & Billingsley. At the same time, the DOJ approved a separate 40-year deal for Fort’s co-defendant, Edgar Diaz, according to Diaz’s attorney, Michael Burt.