United States v. Washington Water Power Company, United States of America v. Jeremiah P. Buckley, United States of America v. Ellsworth B. Sargent

REINHARDT, Circuit Judge:

I. INTRODUCTION

On January 22, 1981, a federal grand jury in Seattle, Washington, indicted Washington Water Power Company (WWPC), Jeremiah P. Buckley, who was a lobbyist for WWPC, Sargent-Tyee Construction Company, and Ellsworth B. Sargent, president of Sargent-Tyee.

Count I of the indictment charged that all defendants had committed mail fraud in violation of 18 U.S.C. § 1341. Count II charged that Buckley and WWPC had obstructed justice in violation of 18 U.S.C. § 1503. On August 25, 1981 the district court dismissed Count I on the ground that it alleged insufficient…