United States Fourth Circuit

This court is without authority to rule on the substantive question of whether it is fundamentally unfair for the Government to institute a criminal prosecution in the federal district court and then deny the defendant access to a potentially favorable witness, because the order of the district court (directing that the Government produce the witness for a Rule 15 deposition and setting conditions for the deposition) is not yet an appealable one.

Appellate Information

• Decided 06/26/2003
• Published 06/26/2003

Judges

• Before WILKINS, Chief Judge, and WILLIAMS and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael Chertoff, Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C., for Appellant.  Frank Willard Dunham, Jr., Federal Public Defender, Alexandria, Virginia, Edward B. MacMahon, Jr., Middleburg, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Robert A. Spencer, Assistant United States Attorney, Kenneth M. Karas, Assistant United States Attorney, David J. Novak, Assistant United States Attorney, Office of The United States Attorney, Alexandria, Virginia, for Appellant.  Gerald T. Zerkin, Senior Assistant Federal Public Defender, Kenneth P. Troccoli, Assistant Federal Public Defender, Anne M. Chapman, Assistant Federal Public Defender, Alexandria, Virginia;  Alan Yamamoto, Alexandria, Virginia, for Appellee.