United States v. Roosevelt Taylor, Jr.

Taylor was indicted for perjury in violation of 18 U.S.C. § 1623 . Taylor filed a motion to dismiss the indictment, alleging that prosecutorial misconduct before the grand jury violated his due process rights. The district court denied the motion and Taylor filed this interlocutory appeal. We dismiss Taylor’s appeal for lack of jurisdiction.

I

Taylor, a real estate broker, was subpoenaed three times to testify before a federal grand jury investigating Rudolph Henderson, one of Taylor’s clients. Based on testimony at his second and third appearances, Taylor was indicted for six counts of making false declarations before a grand jury. Taylor argues now, as he did before the district court, that the indictment should be dismissed due to prosecuto-rial misconduct. Taylor contends that the prosecutor violated his due process rights by setting a “perjury trap.”

According to Taylor, the prosecutor subpoenaed him a second and third time for the sole purpose of eliciting perjured testimony before the grand jury. Taylor contends that the prosecutor failed to inform him that he could be prosecuted for making false statements and to advise him of his privilege against self-incrimination…