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U.S. v. BAER

Nos. 02-4667, 02-4750.

324 F.3d 282 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Rick Joe BAER, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. William F. Chan, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 31, 2003.

Attorney(s) appearing for the Case

ARGUED: Michael James Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Brian Gay, The B & G Law Group, P.C., Virginia Beach, Virginia, for Appellee Baer; Larry W. Shelton, Assistant Federal Public Defender, Norfolk, Virginia, for Appellee Chan. ON BRIEF: Paul J. McNulty, United States Attorney, Justin W. Williams, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Frank W. Dunham, Jr., Federal Public Defender, Frances H. Pratt, Research and Writing Attorney, Norfolk, Virginia, for Appellee Chan.

Before WILKINS, Chief Judge, and WIDENER and MICHAEL, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.

OPINION

WILKINS, Chief Judge:

In these consolidated appeals, the United States challenges district court rulings dismissing the indictments against Rick Joe Baer and William Fung Chan (collectively, "Appellees"). Appellees were indicted separately for making materially false...

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