United States v. Michael Bartel

MILBURN, Circuit Judge.

Defendant Michael Bartel appeals his guilty plea conviction to one count of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. Specifically, defendant challenges the district court’s failure to dismiss the indictment against him on the ground that the indictment was based upon his testimony before a grand jury, for which he had been granted use immunity under 18 U.S.C. § 6002. On appeal, the issues are (1) whether the district court’s denial of defendant’s motion to dismiss the indictment was clearly erroneous, and…