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U.S. v. SYMMS

Nos. 91-30365, 91-70617.

960 F.2d 847 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel SYMMS, Symms Fruit Ranch, Inc., and Sunny Slope Fruit Co., Inc., Defendants-Appellants. Daniel SYMMS, Symms Fruit Ranch, Inc., and Sunny Slope Fruit Co., Inc., Petitioners, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF IDAHO, Respondent, and United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1992.

Attorney(s) appearing for the Case

Robert J. Koontz, Evans, Keane, Koontz, Boyd, Simko & Ripley, Mark H. Manweiler, Manweiler, Bevis & Cameron, Boise, Idaho, for defendant-appellant-petitioner Daniel Symms.

Paul L. Westberg, Westberg, McCabe & Collins, Boise, Idaho, for defendants-appellants-petitioners Symms Fruit Ranch, Inc. and Sunny Slope Fruit Co., Inc.

John E. Lamp, Sp. Atty. to the Atty. Gen., Spokane, Wash., and Donald M. Reno, Jr., I.N.S., Washington D.C., for plaintiff-appellee-respondent U.S.

Victor Stone, U.S. Dept. of Justice, Washington, D.C. for plaintiff-appellee and real party in interest U.S.

Before: HUG, NOONAN and THOMPSON, Circuit Judges.

NOONAN, Circuit Judge.

Daniel Symms, Symms Fruit Ranch, Inc., and Sunny Slope Fruit Co., Inc. (collectively, "Symms") bring an interlocutory appeal in this criminal case, accompanied by a petition for mandamus in the event that the appeal fails. The appeal is from an order of the district court denying Symms' motion to dismiss on the ground that the grand jury that indicted Symms was conducted by government lawyers who were improperly appointed. We dismiss the appeal...

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