United States Ninth Circuit

The district court's denial of defendant's motions to dismiss his indictment is affirmed over his claim that the district court misinstructed the grand jury in its constitutional role.

Appellate Information

• Argued 10/14/2004
• Decided 05/23/2005
• Published 05/23/2005

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.