United States Ninth Circuit

Use of the model charge's instruction not to consider the wisdom of criminal laws did not impermissibly infringe on the grand jury's independent exercise of its discretion. Motion to dismiss the indictment was properly denied.

Appellate Information

• Argued 10/14/2004
• Decided 05/04/2004
• Published 05/04/2004

Judges

• BYBEE, Circuit Judge., Before SCHROEDER, Chief Judge, PREGERSON, HAWKINS, SILVERMAN, WARDLAW, W. FLETCHER, BERZON, RAWLINSON, CLIFTON, BYBEE, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew C. Winter, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for defendants-appellants Steve Navarro-Vargas, Jose Antonio Leon-Jasso., Carol C. Lam, United States Attorney, David W. Mitchell, Assistant U.S. Attorney (on brief), Patrick K. O'Toole, Assistant U.S. Attorney (at oral argument and rehearing en banc), United States Attorney's Office, San Diego, CA, for plaintiff-appellee.