Legal Opinion

United States v. David F. Durenberger

Court of Appeals for the D.C. Circuit

Decided February 24, 1995No. 94-3105PublishedCited by 15 opinions

1Opinion of the Court

RANDOLPH, Circuit Judge:

On July 21, 1992, a federal grand jury returned a two-count indictment against David F. Durenberger, then a Senator from Minnesota. This is an appeal by the former Senator of two district court orders denying his motions to dismiss the indictment. The appeal is interlocutory, and the government questions our jurisdiction. We resolve the jurisdictional issues against the government, but agree with it and with the district court that this prosecution does not violate separation of powers principles or 2 U.S.C. § 68.

I

Pursuant to regulations of the Senate Committee on…

2Cases cited22 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
  5. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989

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3Cited by15 opinions

  1. Perry, Ex Parte James Richard "Rick"Court of Criminal Appeals of Texas · 2016
  2. United States v. Daniel D. RostenkowskiCourt of Appeals for the D.C. Circuit · 1995
  3. Ficken, Ivan v. Alvarez, AidaCourt of Appeals for the D.C. Circuit · 1998
  4. United States v. CisnerosDistrict Court, District of Columbia · 1998
  5. United States v. Henry G. CisnerosCourt of Appeals for the D.C. Circuit · 1999

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