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United States v. Russell Burke, Terry Michael Butler, Terrance W. Chester, Joyce Greeson, William Frederick Honchell, Michael Evans, George Perez

Citations: 856 F.2d 1492; 1988 U.S. App. LEXIS 13983; 1988 WL 96732Docket: 86-8407

Court: Court of Appeals for the Eleventh Circuit; October 7, 1988; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by several defendants challenging the district court's denial of motions to dismiss an indictment on grounds including violations of their Sixth Amendment right to a speedy trial and alleged governmental misconduct. The appellants, who had pleaded guilty while reserving the right to appeal, argued that their Fifth Amendment rights were compromised due to unfair grand jury proceedings and that immunized testimony was used improperly. The court upheld the district court's findings, confirming that the government had derived its evidence from independent sources and that the alleged misconduct did not sufficiently prejudice the defendants to justify dismissing the indictment. Additionally, the court reinforced its limited supervisory role over grand jury processes and found no grounds to intervene based on the arguments presented. Claims regarding access to grand jury records were denied as the appellants did not meet the 'particularized need' standard required under Rule 6(e). The decision was largely based on precedent set in United States v. Elliott, with the court maintaining that the defendants did not demonstrate any prejudice impacting their defense, thus affirming the district court's decision.

Legal Issues Addressed

Access to Grand Jury Transcripts under Rule 6(e)

Application: The court denied the defendants' access to grand jury materials as they failed to demonstrate a 'particularized need' that outweighed the need for secrecy.

Reasoning: The district court found that the defendants failed to show particularized need, thus denying them access to the grand jury materials.

Governmental Misconduct and Judicial Integrity

Application: The defendants' claims of governmental misconduct during the investigation and grand jury phases were not found to have compromised judicial integrity, and the court did not find sufficient prejudice to warrant dismissal.

Reasoning: Despite some probable misconduct by government lawyers, the district court concluded that the defendants did not demonstrate sufficient prejudice to justify dismissal.

Sixth Amendment Right to a Speedy Trial

Application: The defendants' claim of a violation of their Sixth Amendment right to a speedy trial was denied, as the district judge's thorough analysis was upheld by the appeals court.

Reasoning: The district judge's thorough analysis resulted in the denial of the speedy trial motions, which was upheld by the appeals court.

Supervisory Power Over Grand Jury Proceedings

Application: The court emphasized its limited role in supervising grand jury proceedings and found no compelling reason to intervene in the case of alleged misconduct.

Reasoning: The court reaffirmed that its supervisory role over grand jury proceedings is limited and found no compelling reason to intervene in this case.

Use of Immunized Testimony under 18 U.S.C. § 6003

Application: Joyce Greeson's claim that the government improperly used her immunized testimony was rejected as the court found the government demonstrated that the grand jury's evidence was from independent sources.

Reasoning: The court affirmed the district judge's conclusion that the government demonstrated, by a preponderance of the evidence, that the grand jury's evidence was derived from independent sources, not from her immunized testimony.