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UNITED STATES v. DiBERNARDO

No. 83-5295.

775 F.2d 1470 (1985)

UNITED STATES of America, Plaintiff-Appellant Cross-Appellee, v. Robert DiBERNARDO, Theodore Rothstein, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 13, 1985.

Attorney(s) appearing for the Case

Robert Lehner, Jr., Asst. U.S. Atty., Miami, Fla., William C. Bryson, Washington, D.C., for plaintiff-appellant cross-appellee.

Herald Price Fahringer, New York City, for DiBernardo.

Ralph J. Schwarz, Jr., New York City, for Rothstein.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

TJOFLAT, Circuit Judge:

This appeal presents the question of whether, in the absence of an abuse of the grand jury process, a district court may exercise its supervisory power to dismiss an indictment where (1) the grand jury may have heard false testimony or (2) the prosecutor, in advising the grand jury at the end of its investigation, failed to instruct it to disregard prejudicial evidence irrelevant to the offense eventually...

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