United States v. Slough

Opinion for the court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

The district court dismissed an indictment against the five defendants on the ground that the evidence presented to the grand jury, and indeed the decision to prosecute two of the defendants, were tainted by statements of the defendants that for purposes of this appeal are conceded to have been compelled within the meaning of Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967). We reverse and remand as to four of the defendants; the government itself moved to dismiss the indictment…