Marcello

AMENDED

MEMORANDUM & ORDER DENYING MOTION TO DISMISS FOR GOVERNMENT OVERREACHING

Defendants have moved to dismiss the indictment due to government overreaching. This motion was made prior to the trial; ruling was deferred until after trial. See Fed.R.Crim.P. 12(e); United States v. Kaplan, 554 F.2d 958, 970, n.7 (9th Cir. 1977), cert. denied sub nom. Vogt v. United States, 434 U.S. 956 , 98 S.Ct. 483 , 54 L.Ed.2d 315 (1977); United States v. Marcello, 508 F.Supp. 586 , 593—95 (E.D.La. 1981); United States v. Jannotti, 501 F.Supp. 1182 (E.D.Pa.1981), rev’d on other grounds, 673 F.2d 578 (3d Cir. 1982).

Defendants were charged in a three count indictment with a conspiracy to bribe United States District Judge Harry Pregerson of the Central District of California in order to obtain favorable treatment for defendant Sciortino and others in a criminal prosecution over which Judge Pregerson was presiding. Count 1 charged the defendants with conspiracy to bribe a public official in violation of 18 U.S.C. §§ 371 and 201(b); Count 2 charged them with corruptly endeavoring to influence an officer of the United States Courts and aiding and abetting in violation of 18 U.S.C. §§ 1503 and 2;…