United States v. Greenberg

FREDERICK van PELT BRYAN, District Judge.

Defendant Schwebel moves under Rule 6(b), F.R.Cr.P., 18 U.S.C.A., to dismiss two indictments against him “on the grounds that the Grand Jury finding the indictments was not selected, drawn or summoned in accordance with law.”

The indictments were returned on February 6, 1961 by a grand jury impaneled in December 1960. Indictment 61 Cr. 132 is in one count and charges Schwebel and a co-defendant Greenberg, who is not before the court, under 18 U.S.C. § 371 with conspiring to violate provisions of the Securities Act of 1933,15 U.S.C.A. § 77a et seq., by…