UNITED STATES of America, Plaintiff-Appellee,
v.
Steve NAVARRO-VARGAS, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jose Antonio Leon-Jasso, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 14, 2004.
Filed May 23, 2005.
Attorney(s) appearing for the Case
Matthew C. Winter, Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for defendants-appellants Steve Navarro-Vargas, Jose Antonio Leon-Jasso.
Carol C. Lam, United States Attorney, David W. Mitchell, Assistant U.S. Attorney (on brief), Patrick K. O'Toole, Assistant U.S. Attorney (at oral argument and rehearing en banc), United States Attorney's Office, San Diego, CA, for plaintiff-appellee.
Before SCHROEDER, Chief Judge, PREGERSON, HAWKINS, SILVERMAN, WARDLAW, W. FLETCHER, BERZON, RAWLINSON, CLIFTON, BYBEE, and BEA, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted En Banc October 14, 2004.
BYBEE, Circuit Judge.
This is the fourth challenge we have heard in this circuit1 to consider whether the model grand jury instructions violate the Fifth Amendment by undermining the independence of the grand jury. The Appellants contend that their indictments should be dismissed because the district court misinstructed the grand jury in its constitutional role. After examining the...
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