556 F.2d 450 - United States v. Chadwick — 556 F.2d 450

How this case has been cited

Cited by 51 later decisions — most recently October 2018 · most notably City of Santa Clara v. Andrus (1978), United States v. Ziperstein (1979)

42 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Patrick R. Doyle, Las Vegas, Nev., for unindicted co-conspirator and appellant.

¶2Lawrence J. Semenza, U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

¶3Before BROWNING and ANDERSON, Circuit Judges, and CRARY, * District Judge.

¶5PER CURIAM:

¶6An indictment charging five named defendants and others with conducting an illegal gambling business in violation of 18 U.S.C. § 1955 named appellant an unindicted participant in the crime. Appellant moved that his name be expunged from the indictment. The district court denied the motion. We reverse.

¶7Under the circumstances of this case charging appellant with the offense without making him a defendant was beyond the authority of the grand jury and a denial of due process. See United States v. Briggs, 514 F.2d 794 (5th Cir. 1975). The government argues it was necessary to name appellant because a gambling business is illegal under the applicable statute only if it involves five or more persons. Other methods less injurious to appellant were available to satisfy the statutory requirement. Id. at 804-05.

¶8Reversed.