United States v. Patrick Michael Weber

Patrick Weber appeals from his conviction of conspiracy to defraud the government in violation of 18 U.S.C. § 371 and theft of government property in violation of 18 U.S.C. § 641 . Weber assigns as error the trial court’s denial of the government’s motion to dismiss the indictment under Fed. R.Crim.P. 48(a), and various rulings made at trial. We conclude the trial court erred in refusing to dismiss the indictment and do not reach the alleged trial errors.

Weber and three other defendants were convicted by a jury of conspiracy to defraud the government and theft of government property in connection with the diversion of large quantities of meat from the United States Army at Fort Lewis, Washington. All four defendants appealed. The convictions of defendants other than Weber were affirmed. United States v. Long, 706 F.2d 1044 (9th Cir.1983). Meanwhile, the Assistant United States Attorney who had presented the case had developed substantial doubts as to Weber’s guilt based upon interviews with Weber and a re-examination of the evidence. On the stipulation of Weber and the government we dismissed Weber’s appeal to permit the government to move in district court for dismissal of the…