U.S. v. FRITZ

Nos. 87-1102, 87-1230 and 87-1231.

852 F.2d 1175 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Richard D. FRITZ; Leonard Levy; and Robert L. Boynton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1988.


Attorney(s) appearing for the Case

Robert E. Carey, Jr., Carey & Carey, Palo Alto, Cal., for defendant-appellant Levy.

Frank R. Ubhaus, Ubhaus & Collins, San Jose, Cal., for defendant-appellant Boynton.

H. David Grunbaum, Asst. Federal Public Defender, San Jose, Cal., for defendant-appellant Fritz.

Joseph M. Burton, Asst. U.S. Atty., San Jose, Cal., for plaintiff-appellee.

Before SKOPIL and NOONAN, Circuit Judges, and BURNS, District Judge.


NOONAN, Circuit Judge:

Richard D. Fritz, Leonard Levy and Robert L. Boynton moved to dismiss an indictment against them on the ground of misconduct by the prosecutor before the grand jury. The district court denied their motion. They appeal.

Proceedings. On August 5, 1986 the grand jury returned the indictment, which alleged the following: Boynton was Executive Vice President and Cashier of the Bank of Carmel...

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