Legal Opinion
United States v. Barry Noel Horowitz
Court of Appeals for the Ninth Circuit
Decided April 2, 1985No. 84-1214PublishedCited by 42 opinions
1Opinion of the Court
ALARCON, Circuit Judge:
Barry Noel Horowitz (hereinafter Horowitz) appeals from the judgment entered following his conviction for subscribing to a false income tax return in violation of 26 U.S.C. § 7206(1) (1982).
We must decide whether an indictment may be refiled within six months after the expiration of the statute of limitations un der 18 U.S.C. § 3288 (1982) where the earlier accusatory pleading was dismissed for a nonintentional failure to present exculpatory evidence to the grand jury. We have concluded that section 3288 covers a defect in the proceedings before the grand jury such as…
2Cases cited22 opinions
- United States v. MarionSupreme Court of the United States · 1971
- United States v. PowellSupreme Court of the United States · 1984
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Dunn v. United StatesSupreme Court of the United States · 1932
- United States v. Jose Robert Gomez-SotoCourt of Appeals for the Ninth Circuit · 1984
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. Arturo Gonzalez-SandovalCourt of Appeals for the Ninth Circuit · 1990
- United States v. Gregory LennickCourt of Appeals for the Ninth Circuit · 1994
- United States v. Larry BrownCourt of Appeals for the Sixth Circuit · 1990
- Joan Marie DONOGHUE, Plaintiff-Appellant, v. the COUNTY OF ORANGE; Dennis W. La-Ducer, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1988
- Frank George Prantil v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 1988
37 more not listed; retrieve them via the Exa API.