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U.S. v. ZABAWA

No. 93-1484.

39 F.3d 279 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. David ZABAWA, Amy Johnson, Tobias A. Young, also known as Toby Young, Defendants, and Howard Charles Viveney, also known as Howard Stevens; Lori Bingham, also known as Lori J. Serna; Anne Marie Bartley, also known as Anne Marie Barnum; Lloyd John Espinoza, also known as Larry Miller, also known as L. John Espinoza, also known as John Miller; David Brett Banks; Brian Michael Barnum; Ronald Carpenter; David A. Coon; Robert Franz; Rocky Mountain Management, Inc., also known as Rocky Mountain Network, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 1994.

Attorney(s) appearing for the Case

Gregory C. Graf, Asst. U.S. Atty. (Henry L. Solano, U.S. Atty., and David M. Conner, Asst. U.S. Atty., with him on the briefs), Denver, CO, for plaintiff-appellant.

Daniel J. Sears, Denver, CO, for defendant-appellee Ronald Carpenter (joined in the brief, by defendants-appellees David Brett Banks, Anne Marie Bartley, and Howard Charles Viveney).

E. Alexander DeSalvo, Denver, CO, for defendant-appellee Lori J. Bingham (joined in the brief, by defendant-appellee Lloyd Espinoza).

Glen R. Anstine, Denver, CO, filed a brief, on behalf of defendant-appellee Robert Franz.

Before MOORE and LOGAN, Circuit Judges, and O'CONNOR, District Judge.

LOGAN, Circuit Judge.

The United States appeals from an interlocutory order by the district court issued in the prosecution of thirteen individual defendants under an indictment charging mail and wire fraud, and aiding and abetting, in violation of 18 U.S.C. §§ 1341, 1343 and 2. The issues on appeal are (1) whether the government's appeal is cognizable under 18 U.S.C. § 3731, and, if so, whether the district court erred (2) in compelling the government...

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