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U.S. v. TUCKER

No. 95-3268.

78 F.3d 1313 (1996)

UNITED STATES of America, Appellant, v. Jim Guy TUCKER; William J. Marks, Sr.; John H. Haley, Appellees. United States Department of Justice; Sun Diamond Growers of California, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1996.

Rehearing and Rehearing Denied May 6, 1996.

Order Granting Stay May 17, 1996.

Attorney(s) appearing for the Case

Kenneth W. Starr, Little Rock, AR, argued, for appellant.

George B. Collins, Chicago, IL, argued (William H. Sutton and James J. Lessmeister, Little Rock, AR, on the brief), for appellee Jim Guy Tucker.

Robert E. Davis, Dallas, TX, argued (D. Randall Johnson, on the brief), for appellee William Marks.

Ted Boswell, Bryant, AR, argued (Curtis L. Bowman, Little Rock, AR, on the brief), for appellee John Haley.

Before BOWMAN, BEAM, and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 6, 1996, 1996 WL 225986.

BOWMAN, Circuit Judge.

The United States, represented by Independent Counsel Kenneth W. Starr, appeals from an order of the District Court dismissing an indictment brought against Jim Guy Tucker, William J. Marks, Sr., and John H. Haley. The court ruled that the Office of Independent Counsel (OIC) has no jurisdiction to prosecute the case. We reverse.

On August 5, 1994, the Division...

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