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U.S. v. PERRY

No. 85-1046.

857 F.2d 1346 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Franklyn G. PERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1988.

Attorney(s) appearing for the Case

G. David Robertson and Lawrence J. Semenza, Law Offices of Lawrence J. Semenza, Reno, Nev., for defendant-appellant.

Gail Brodfuehrer, Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before KOELSCH, NOONAN and O'SCANNLAIN, Circuit Judges.

KOELSCH, Circuit Judge:

I Sixth Amendment Right to Counsel

Part One of this appeal presents the troublesome question whether the post-indictment service of a grand jury subpoena on a target's counsel constitutes a per se violation of the Sixth Amendment. Although we do not condone such conduct, we are constrained by Supreme Court and Ninth Circuit precedent to hold that the per se rule of prejudice is inapplicable on these facts.

A.

The...

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