United States v. Dick Duane Jones, George Carroll Jones, Deborah Jones

The United States appeals from two orders of the district court dismissing a five count indictment. Counts I and II charged appellee Dick Duane Jones with transporting stolen firearms in interstate commerce in violation of 18 U.S.C. §§ 922 (j) and 924. Appellee Dick Duane Jones moved for an order preventing the government from using at trial an inculpatory statement obtained from him by government agents. The trial court granted the motion on the ground that the government had failed to give written notice of its intention to use the statement at least fifteen days prior to trial, as required by Local Rule 86. The government concedes that it offered no valid excuse for its failure to abide by the local notice rule. The rule would be meaningless if it could be ignored with impunity, Suppression of the statement was warranted.

On the date set for trial, the government moved for a continuance and, when it was denied, declined to proceed on counts I and II against appellee Dick Duane Jones. The district court then dismissed the two counts. The government argued that in view of the court’s suppression of appellee’s confession, it would have to rely on the testimony of co-defendants in…