UNITED STATES v. MITCHELL

No. 84-8484.

769 F.2d 1544 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. David B. MITCHELL, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 11, 1985.


Attorney(s) appearing for the Case

James M. Deichert, Sp. Atty., Atlanta, Ga., Glenn L. Cook, Trial Atty., U.S. Dept. of Justice, Crim. Div. Washington, D.C., for plaintiff-appellant.

P. Bruce Kirwan, Atlanta, Ga., for Todd.

Bruce Maloy, Atlanta, Ga., for J. Blake.

Bruce Morris, Atlanta, Ga., for L. Logan.

John O. Ellis, Jr., Federal Defender Program, Atlanta, Ga., for Mitchell.

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


Rehearing and Rehearing En Banc Denied October 11, 1985.

VANCE, Circuit Judge:

This appeal comes to us following the district court's dismissal of a federal grand jury indictment. In October 1982 seven men were indicted on numerous counts of conspiracy, possession of and distribution of large quantities of marijuana. The indictment was sealed until February 1984, when five of the seven were taken into custody. The district court granted the defendants' motion...

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