United States v. Roy Dalton Garner

Appellant appeals from an order denying his motion to dismiss a seven count federal grand jury indictment charging him with: (1) violations of 18 U.S.C. § 1343 [fraud by wire]; (2) violations of 18 U.S.C. § 1952 (a)(3) [interstate travel in aid of racketeering enterprise and use of interstate facility in the aid of a racketeering enterprise].

Appellant filed motions to dismiss the indictment on three grounds: (a) the indictment violated Garner’s right to be free from double jeopardy; (b) the indictment violated the Department of Justice’s policy recognized in Petite v. United States, 361 U.S. 529 , 80 S.Ct. 450 , 4 L.Ed.2d 490 (1960); and (c) there were irregularities in the grand jury proceedings.

Briefly summarized the issues as outlined in the various counts of the indictment are: (1) Count I charges appellant and his accomplices with implementing a marked card system to defraud Harrah’s Casino of substantial sums of money, of transporting that money across state lines, and using the telephone to make a call between Reno, Nevada, and Oxnard, California, in aid of the scheme, all in violation of the provisions of 18 U.S.C. §§ 1342 and 1343; (2) Counts II, IV and VI charge…