From Casetext: Smarter Legal Research

In re Grand Jury Proceedings

United States Court of Appeals, Ninth Circuit
Nov 6, 1995
71 F.3d 723 (9th Cir. 1995)

Summary

following In re: Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999 in deciding that "the collective entity rule does not apply to a former employee of a collective entity who is no longer acting on behalf of the collective entity"

Summary of this case from Park v. Cangen

Opinion

Nos. 95-56436, 95-56439.

Submitted to Motions Panel.

Decided November 6, 1995.

Carlton F. Gunn, Federal Public Defender, Los Angeles, California, for Appellant.

Ronni B. MacLaren, Assistant United States Attorney, Los Angeles, California, for Appellee.

Appeal from the United States District Court for the Central District of California.

Before: PREGERSON, GOODWIN and REINHARDT, Circuit Judges.


The court dismisses appeal no. 95-56436 for lack of jurisdiction. In re Grand Jury Subpoenas Dated Dec. 10, 1987, 926 F.2d 847, 852-53 (9th Cir. 1991).

In appeal no. 95-56439, the court follows the Second Circuit's decision in In re Grand Jury Subpoenas Duces Tecum Dated June 13, 1983 and June 22, 1983, 722 F.2d 981 (2d Cir. 1983), and holds that the collective entity rule does not apply to a former employee of a collective entity who is no longer acting on behalf of the collective entity. The case is remanded to the district court for further proceedings consistent with this order.

The district court's order staying Mora's incarceration shall remain in effect until the matter is resolved by the district court.


Summaries of

In re Grand Jury Proceedings

United States Court of Appeals, Ninth Circuit
Nov 6, 1995
71 F.3d 723 (9th Cir. 1995)

following In re: Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999 in deciding that "the collective entity rule does not apply to a former employee of a collective entity who is no longer acting on behalf of the collective entity"

Summary of this case from Park v. Cangen
Case details for

In re Grand Jury Proceedings

Case Details

Full title:In re GRAND JURY PROCEEDINGS. Roland MORA, Witness-Appellant, v. UNITED…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 6, 1995

Citations

71 F.3d 723 (9th Cir. 1995)

Citing Cases

Park v. Cangen

(internal citation omitted). Accord In re Grand Jury Proceedings, 71 F.3d 723 (9th Cir. 1995) (following In…

In re Three Grand Jury Subpoenas Duces Tecum

The Third Circuit, in United States v. McLaughlin, 126 F.3d 130, 133 n. 2 (3d Cir. 1997), cert. denied, 118…