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U.S. v. MARCUCCI

Nos. 01-50468, 01-50524, 01-50547.

299 F.3d 1156 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David Francis MARCUCCI, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Christopher Leyva-Garcia, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. David Gamboa-Aristegui, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2002.

Attorney(s) appearing for the Case

Steven F. Hubachek (argued), Office of the Federal Defenders, and David J. Zugman, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney, Richard C. Cheng, Assistant United States Attorney, on the Marcucci brief, MiYung Park, Assistant United States Attorney, on the Gamboa-Aristegui brief, Pennie M. Carlos, Assistant United States Attorney, on the Leyva-Garcia brief and argued all cases, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before BOOCHEVER and HAWKINS, Circuit Judges, and WEINER, District Judge.

OPINION

PER CURIAM:

Because these cases present the major issue in common, we consolidate them for disposition. The appellants collectively claim that their indictments should have been dismissed because the district court's charge to the grand jury misstated its constitutional role and function. Separately, they raise issues concerning Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and...

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