United States v. Raymond J. Cadet, Barry Saffaie, Tabassom Ayazi

I.

The government has appealed from the judgment dismissing a four-count indictment against Raymond J. Cadet (Cadet), Barry Saffaie (Saffaie), and Tabassom Aya-zi (Ayazi) with prejudice.

We must decide whether the district court erred in dismissing this matter because of the government’s good faith refusal to obey certain provisions of the court’s discovery order. We have concluded that it was improper to dismiss the indictment since significant portions of the order were invalid.

II.

PERTINENT FACTS

An indictment was returned by the grand jury on June 30,1982, charging Cadet, Saf-faie, and Ayazi with transporting, receiving, and selling documents allegedly stolen from International Business Machines Corporation (IBM).

On July 9, 1982, the court ordered that the defendants’ pretrial motions be filed by July 30, 1982. The government was ordered to file its response to such motions by August 6, 1982. Counsel for Saffaie asked the court to set a trial date outside the “statutory 70-day period because of the complexity of the case” and to schedule the hearing motions “sometime in either October or November.” The court was advised by Saffaie’s attorney that the government had no…