No. 98-30149.

215 F.3d 986 (2000)

State of IDAHO, Plaintiff-Appellant, v. Lon T. HORIUCHI, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2000.

Attorney(s) appearing for the Case

Denise Woodbury, Prosecuting Attorney, Boundary County, Idaho, Stephen Yagman, Special Prosecutor, Joseph Reichmann and Marion R. Yagman, Special Deputy Prosecutors, Yagman & Yagman & Reichmann, Venice Beach, California, Ramsey Clark, Special Deputy Prosecutor (argued), New York, New York, for the plaintiff-appellant.

Earl J. Silbert, Adam S. Hoffinger, Robert A. Salerno, Piper & Marbury, Washington, D.C., for the defendant-appellee.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and SHUBB, District Judge.

Opinion by Judge SHUBB; Dissent by Judge KOZINSKI.

SHUBB, District Judge:

The State of Idaho appeals from the judgment of the district court dismissing the criminal case against FBI Special Agent Lon Horiuchi. See Fed.R.Crim.P. 12(b). The criminal complaint, charging Horiuchi with the crime of involuntary manslaughter, was initially filed in Idaho state court. Specifically, the complaint alleged that Horiuchi:

did unlawfully, but without malice...


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