No. 84-1009.

727 F.2d 842 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Harry Eugene CLAIBORNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1984.

Attorney(s) appearing for the Case

Steven A. Shaw, William C. Hendricks, III, Jan Nielsen, Little, Christopher G. Caldwell, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

William J. Raggio, John Squire Drendel, Reno, Nev., Oscar B. Goodman, Goodman, Terry, Stein & Quintana, Las Vegas, Nev., Terence J. Anderson, Robert S. Catz, School of Law, Univ. of Miami, Coral Gables, Fla., for defendant-appellant.

Before GIBSON, GARTH and KENNEDY, Circuit Judges.


This interlocutory appeal raises anew the issue whether the United States Constitution immunizes a sitting federal judge from criminal prosecution prior to his removal from office by the impeachment process. Appellant, Harry Eugene Claiborne, is a United States Judge for the District of Nevada. He was appointed to the bench in August, 1978. On December 8, 1983, a seven count indictment was returned against Claiborne. Count I of the indictment alleged that...

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