United States v. William G. Le Pera

The appellant appeals from his conviction of aiding and abetting counterfeiting and conspiring to commit counterfeiting, after trial in the United States District Court for the Northern District of California.

He first contends that the trial court erred in denying his pre-trial motion to dismiss the indictment, or in the alternative to remand the cause to the commissioner for a proper pre-trial hearing. Appellant was arrested June 27, 1969. He says that although he insisted upon an early preliminary hearing and several dates were set, there were numerous continuances for reasons which he deems unsatisfactory. In any event, on July 8, 1969, the parties mutually agreed that the preliminary hearing would be set for July 24. However, the next day, July 9, the Government asked for and obtained a grand jury indictment. Rule 7 of the Federal Rules of Criminal Procedure provides that an offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, or if indictment is waived, it may be prosecuted by information. The return of an indictment establishes probable cause and eliminates the need for a preliminary hearing. Jaben v. United States,…