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UNITED STATES v. VENEGAS

Nos. 84-1293, 84-1298.

800 F.2d 868 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Sammy Herrera VENEGAS and Eddie Adrian Vindiola, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1986.

Attorney(s) appearing for the Case

Nancy L. Simpson, U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Thomas Volk, Scofield & Volk, Ronald W. Rogers, Sacramento, Cal., for defendants-appellants.

Before MERRILL, CHOY, and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

The appellants are Sammy Herrera Venegas and Eddie Adrian Vindiola. Upon entry of conditional guilty pleas, they were convicted of violations under 18 U.S.C. § 1962 and now appeal on the single issue that the superseding indictment that was the basis of the conviction should have been dismissed because it was obtained by prosecutorial misconduct before the grand jury. The trial court denied the motion to dismiss. We find no merit whatsoever...

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