Legal Opinion
United States v. Frank Demarco, Jr.
Court of Appeals for the Ninth Circuit
Decided March 30, 1977No. 75-3824PublishedCited by 94 opinions
1Opinion of the Court
HUFSTEDLER, Circuit Judge:
The Government appeals, under 18 U.S.C. § 3731, from the dismissal of an indictment against DeMarco. The district court gave two reasons for dismissing the indictment: (1) The challenged indictment was the culmination of governmental efforts designed to discourage or to prevent DeMarco from asserting his statutory venue rights, and failure to dismiss the indictment would permit the “potential for vindictiveness” proscribed in Blackledge v. Perry (1974) 417 U.S. 21, 28, 94 S.Ct. 2098, 40 L.Ed.2d 628; and (2) the failure of the prosecutor to inform the grand jury about…
2Cases cited4 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. Bernardino Ruesga-MartinezCourt of Appeals for the Ninth Circuit · 1976
- United States v. DeMarcoDistrict Court, C.D. California · 1975
3Cited by94 opinions
- John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1988
- United States v. J. Joseph Kennedy, United States of America v. Robert J. Myers, United States of America v. Lawrence F. CarlsonCourt of Appeals for the Ninth Circuit · 1977
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Joe Garza-Juarez and Esteban Garza-Juarez, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1993
- United States of America, Plaintiff-Respondent v. Terry Louis GannCourt of Appeals for the Ninth Circuit · 1984
- United States v. Tallice Andrews and Thurston BrooksCourt of Appeals for the Sixth Circuit · 1980
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