United States v. Steve Navarro-Vargas, United States of America v. Jose Antonio Leon-Jasso

BYBEE, Circuit Judge.

This is the fourth challenge we have heard in this circuit1 to consider whether the model grand jury instructions violate the Fifth Amendment by undermining the independence of the grand jury. The Appellants contend that their indictments should be dismissed because the district court misinstructed the grand jury in its constitutional role. After examining the history .of the grand jury and the structure of the Grand Jury Clause of the Fifth Amendment, we determine that these instructions do not violate the Constitution. Accordingly, we affirm the district courts’ denial…