United States v. David L. Harris

ORDER

This is an appeal from the denial of a motion to dismiss an indictment for violation of Fed.R.Crim.P. 6(e)(2). We have held that such an order is reviewable prior to final judgment under the collateral order doctrine when the claimed violation is aimed at the grand jury’s charging process. United States v. Benjamin, 812 F.2d 548 (9th Cir.1987). See also United States v. Dederich, 825 F.2d 1317 (9th Cir.1987).

Before appellant’s opening brief was due, the government filed a motion for summary affirmance, or in the alternative to expedite the appeal. The government’s motion for summary…