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U.S. v. ALVARADO

No. 15-4739.

840 F.3d 184 (2016)

UNITED STATES of America, Plaintiff-Appellant, v. Maria Rosalba ALVARADO McTague; Felix Adriano Chujoy, a/k/a Felix Chujoy Alvarado; Gladys Georgette Chujoy, a/k/a Gladys Johnston, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 26, 2016.

Attorney(s) appearing for the Case

ARGUED: Jean Barrett Hudson , Office of the United States Attorney, Charlottesville, Virginia, for Appellant. Aubrey Gene Hart, Jr. , A. Gene Hart, Jr., PC, Harrisonburg, Virginia; Aaron Lee Cook , Aaron L. Cook, PC, Harrisonburg, Virginia, for Appellees. ON BRIEF: John P. Fishwick, Jr. , United States Attorney, Roanoke, Virginia, Heather Lynn Carlton , Assistant United States Attorney, Office of the United States Attorney, Charlottesville, Virginia, for Appellant. W. Andrew Harding , Convy & Harding, PLC, Harrisonburg, Virginia, for Appellee Gladys Georgette Chujoy.

Vacated and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Agee and Judge Harris joined.

The government brings this interlocutory appeal from an order of the district court excluding grand jury testimony from use at trial without having found prosecutorial misconduct or bad faith in the underlying grand jury proceeding. For the reasons that follow, we vacate the order and remand for further proceedings not inconsistent...

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