Legal Opinion
United States v. Du Bo
Court of Appeals for the Ninth Circuit
Decided August 10, 1999No. 97-10443PublishedCited by 111 opinions
1Opinion of the Court
BEEZER, Circuit Judge.
Du Bo appeals his conviction for interference with commerce by extortion, in violation of 18 U.S.C. § 1851. We have jurisdiction, 28 U.S.C. § 1291, and we reverse. We hold that, if properly challenged prior to trial, an indictment’s complete failure to recite an essential element of the charged offense is not a minor or technical flaw subject to harmless error analysis, but a fatal flaw requiring dismissal of the indictment.
Du Bo was charged by indictment with a violation of 18 U.S.C. § 1851 (“the Hobbs Act”). More than two months before trial, he unsuccessfully…
2Cases cited27 opinions
- Neder v. United StatesSupreme Court of the United States · 1999
- Stirone v. United StatesSupreme Court of the United States · 1960
- Costello v. United StatesSupreme Court of the United States · 1956
- Russell v. United StatesSupreme Court of the United States · 1962
- Hale v. HenkelSupreme Court of the United States · 1906
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3Cited by111 opinions
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- United States v. Mojica BaezCourt of Appeals for the First Circuit · 2000
- United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
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