Murray

917 F.2d 567 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert Joe MURRAY, Defendant-Appellant. No. 89-10413. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 2, 1990. Decided Nov. 2, 1990. Before GOODWIN, Chief Judge, and JAMES R. BROWNING and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The facts and procedural history are set forth in the Memorandum for United States v. Stout, case No. 89-10410. 3 I. PROSECUTORIAL MISCONDUCT BEFORE THE GRAND JURY 4 This court will dismiss a grand jury indictment for prosecutorial misconduct "only upon a showing of 'flagrant error' that significantly infringes on the ability of the grand jury to exercise independent judgment and actually prejudices the defendant." United States v. Larrazolo, 869 F.2d 1354, 1357 (9th Cir.1989) (quoting United States v. Wright, 667 F.2d 793, 796 (9th Cir.1982)). Murray alleges two types of prosecutorial…