United States v. Linton
United States v. Linton
Opinion of the Court
These interlocutory appeals were filed under Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). Appellants complain about the conduct of the prosecutor and the use of perjured testimony before the grand jury. This court recently held that motions alleging “grand jury irregularities” are not appealable. United States v. Garner, 632 F.2d 758 (9th Cir. 1980). Appellants have demonstrated no reason to distinguish this case from Garner. Thus, we dismiss these appeals alleging prosecutorial misconduct and the use of perjured testimony before the grand jury for lack of jurisdiction.
Moreover, we affirm the district court’s dismissal of Tindell’s vindictive prosecution claim.
The vindictive prosecution appeal in reality is nothing more than the post hoc ergo propter hoc fallacy.
The district court’s dismissal of Tindell’s vindictive prosecution claim is affirmed. Each of the other appeals is dismissed without prejudice to preserve on appeal from a final judgment any nonfrivolous claim of a denial of due process.
. We do not consider appellant Piotrowski’s “vindictive prosecution” claim because we find that he did not raise it below and thus we have nothing to review.
. The fallacy is that a subsequent event is an effect of a prior event.
. United States v. Griffin, 617 F.2d 1342 (9th Cir. 1980).
Reference
- Full Case Name
- United States v. Lee LINTON, Appellant UNITED STATES of America v. Sorkis J. WEBBE, Appellant UNITED STATES of America v. Fred L. KENNEDY, Appellant UNITED STATES of America v. Robert C. TINDELL, Appellant UNITED STATES of America v. ALADDIN HOTEL CORP., Appellant UNITED STATES of America v. Dennis PIOTROWSKI, Appellant UNITED STATES of America v. DEL WEBB CORPORATION, Appellant UNITED STATES of America v. James C. COMER, Appellant UNITED STATES of America v. Sorkis J. WEBBE
- Cited By
- 12 cases
- Status
- Published