United States v. Richard A. Cleary

CLARK, Chief Judge.

This is an appeal from an order of Judge Bryan, D.C.S.D.N.Y., 164 F. Supp. 328, dismissing an indictment charging the appellee, Richard A. Cleary, with thefts from the mails and conspiracy to commit mail thefts. As the order below is not based on the invalidity or construction of a statute and did not bar appellee’s reindictment on the same charges, jurisdiction of this appeal exists in this court under 18 U.S.C. § 3731. See United States v. Storrs, 272 U.S. 652, 47 S.Ct. 221, 71 L.Ed. 460.

In response to a subpoena Cleary appeared before a grand jury and, after being warned…