United States v. Arnold Sherlock, United States of America v. Benjamin Charley

Defendants Arnold Sherlock and Benjamin Charley filed this interlocutory appeal from the district court’s order denying their motion to dismiss their indictments on the basis of prosecutorial misconduct. We lack jurisdiction to hear this interlocutory appeal.

STATEMENT OF THE CASE

On August 26,1987, a federal grand jury returned an indictment against Arnold Sherlock charging him with rape and statutory rape. The grand jury returned an indictment against Benjamin Charley charging him with rape, statutory rape, and assault with the intent to commit rape. On October 16, 1987, the defendants made a motion to have the indictments dismissed. The defendants alleged prosecutorial misconduct before the grand jury, claiming that the government’s witness, the police investigator, had intentionally misstated several pieces of evidence and had failed to present exculpating evidence.

After conducting an evidentiary hearing, the district court denied the defendant’s motion to dismiss the indictment. The court found that the grand jury had not been misled by the witness’s testimony. This appeal was timely filed.

DISCUSSION

When the defendants filed this appeal, they premised jurisdiction on…