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U.S. v. SLOUGH

No. 10-3006.

641 F.3d 544 (2011)

UNITED STATES of America, Appellant v. Paul Alvin SLOUGH, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 2011.

Attorney(s) appearing for the Case

Demetra Lambros , Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Lanny A. Breuer , Assistant Attorney General, and Joseph N. Kaster , Trial Attorney. Roy W. McLeese III , Assistant U.S. Attorney, entered an appearance.

Bruce C. Bishop argued the cause for appellees. With him on the brief were Mark J. Hulkower , Brian M. Heberlig , Thomas G. Connolly , Christopher J. Wright , Timothy J. Simeone , William Coffield , Steven J. McCool , David Schertler , Danny C. Onorato and Lisa Hertzer Schertler .

Opinion for the court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

The district court dismissed an indictment against the five defendants on the ground that the evidence presented to the grand jury, and indeed the decision to prosecute two of the defendants, were tainted by statements of the defendants that for purposes of this appeal are conceded to have been compelled within the meaning of Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562 (1967...

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