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United States v. Rockwell Int'l Corp.

ELR Citation: 27 ELR 21530
Nos. 97-55089, 119 F.3d 750/(9th Cir., 07/10/1997)

The court holds that it lacks jurisdiction over an interlocutory appeal of a district court's refusal to hold a pre-indictment hearing to determine if the government improperly used compelled employee statements in a grand jury proceeding regarding an explosion at a rocket-fuel manufacturing facility. The court first holds that the part of the district court's order refusing to exercise its supervisory powers over the ongoing grand jury proceeding is not a final appealable order. The appellants do not ask the court to reverse the district court's order and direct the entry of an order quashing the grand jury subpoena. The appellants ask the court to reverse and to instruct the district court to prevent the government from using the employees' compelled statements to obtain an indictment against them. The appeal is simply premature. Contrary to the appellants' assertions, they are not left without a remedy. If and when the grand jury returns an indictment against one or more of the appellants, the indicted individual can move to quash the indictment. If the case proceeds to trial and results in a criminal conviction, the district court's denial of the motion to exercise its supervisory powers by holding a pre-indictment hearing will be reviewable on direct appeal.

Counsel for Plaintiff
William W. Carter, Ass't U.S. Attorney
U.S. Attorney's Office
1200 U.S. CtHse.
312 N. Spring St., Los Angeles CA 90012
(213) 894-2434

Counsel for Defendant
Mark C. Holscher
O'Melveny & Myers
400 S. Hope St., Los Angeles CA 90071
(213) 669-6000

Before Thompson and Fitzgerald,* JJ.