Legal Opinion

United States v. Benjamin

Court of Appeals for the Ninth Circuit

Decided March 11, 1987No. Nos. 86-1337, 86-7717PublishedCited by 45 opinions

1Opinion of the Court

CANBY, Circuit Judge:

Defendant-appellants seek review of the district court’s denial of their motion to dismiss an indictment on the ground of irregularities in the grand jury proceedings. The government moves to dismiss the appeal for lack of jurisdiction. In light of the Supreme Court’s decision in United States v. Mechanik, 475 U.S. 66, 106 S.Ct. 938, 89 L.Ed. 250 (1986), we find the district court order appealable under the collateral order doctrine.1

I. FACTS

Following lengthy federal grand jury proceedings, defendants were charged on October 1, 1985 in a 22-count indictment with…

2Cases cited20 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Abney v. United StatesSupreme Court of the United States · 1977
  5. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981

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3Cited by45 opinions

  1. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  2. United States v. Vito Spillone, United States of America v. John Clyde Abel, United States of America v. Frank CitroCourt of Appeals for the Ninth Circuit · 1989
  3. United States v. Scott A. FountainCourt of Appeals for the Seventh Circuit · 1988
  4. United States of America, Cross-Appellee v. Karen Eccles, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1988
  5. Commonwealth v. KhoreySupreme Court of Pennsylvania · 1989

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