U.S. v. HAYDEN

No. 88-5241.

860 F.2d 1483 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. John HAYDEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1988.


Attorney(s) appearing for the Case

Terree A. Bowers, Asst. U.S. Atty., Chief, Major Frauds Section, Los Angeles, Cal., for plaintiff-appellant.

Richard Marmaro and James C. Chalfant, McCambridge, Deixler & Marmaro, Los Angeles, Cal., for defendant-appellee.

Before NORRIS, HALL and KOZINSKI, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

The United States of America appeals from the district court's dismissal with prejudice of part of its indictment. We conclude that the district court abused its discretion and therefore reverse.

I

In May 1986, a federal grand jury indicted defendant John Hayden on charges of participating in fraudulent loan transactions involving real estate in Chatsworth and Rivendale, California. Trial originally was set for...

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