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U.S. v. HILARIO

No. 00-1406.

218 F.3d 19 (2000)

UNITED STATES of America, Appellant, v. Fermin HILARIO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 17, 2000.

Attorney(s) appearing for the Case

Elizabeth D. Collery, Attorney, United States Dep't of Justice, with whom Guillermo Gil, United States Attorney, and Miguel A. Pereira, Assistant United States Attorney, were on brief, for appellant.

Maria H. Sandoval, by appointment of the court, for appellee.

G. Richard Strafer, with whom Barbara Bergman and G. Richard Strafer, P.A. were on brief, for National Ass'n of Criminal Defense Lawyers, amicus curiae.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

Fermin Hilario moved to dismiss an indictment brought against him, claiming that the protracted tenure of a court-appointed interim United States Attorney contravened applicable federal statutes, violated the Appointments Clause, offended the separation-of-powers principle and, in the end, rendered the indictment a nullity. The court below did not reach Hilario's constitutional claims but nonetheless granted his motion, ruling that the interim...

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