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U.S. v. AMBORT

No. 99-4066.

193 F.3d 1169 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Glenn AMBORT; John W. Benson; William J. Lewis; Steven W. Stay, Defendants-Appellants, and Nona S. Egbert and Merrill B. Hansen, Defendants.

United States Court of Appeals, Tenth Circuit.

October 19, 1999.

Attorney(s) appearing for the Case

Ernest Glenn Ambort, pro se.

John W. Benson, pro se.

Thomas T. Wood (Todd R. Cannon with him on the brief), Wood & Associates, Salt Lake City, Utah for Defendant-Appellant William J. Lewis.

Richard A. Van Wagoner (Max D. Wheeler and Heather S. White with him on the briefs), Snow, Christensen & Martineau, Salt Lake City, Utah, for Defendant-Appellant Steven W. Stay.

Meghan S. Skelton (Alan Hechtkopf with her on the briefs), Attorneys, Tax Division, United States Department of Justice, Washington, D.C. for Plaintiff-Appellee.

Before McKAY, KELLY, and MURPHY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendants Ambort, Benson, Lewis and Stay appeal from an order of the district court denying their motion to dismiss the indictment. The government has moved to dismiss this interlocutory appeal. In United States v. P.H.E., Inc., 965 F.2d 848, 856 (10th Cir.1992), we held that an interlocutory order in a criminal case that implicates a defendant's First Amendment "right not to be tried" may be...

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