United States v. Narinder Paul Singh Mahal

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Narinder Paul Singh MAHAL, Defendant-Appellant. No. 94-10068. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Dec. 6, 1994. Before: LAY, ** PREGERSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM *** 2 Narinder Paul Singh Mahal appeals the district court's denial of his motion to dismiss the indictment following the revocation of his probation. Mahal pled guilty to the original indictment for creating and supplying false documents for use in making applications for special agricultural worker status. In his motion to dismiss following the revocation hearing, Mahal claimed the district court lacked jurisdiction over his indictment because the indictment was not returned in open court. The district court denied the motion after concluding the "open court" requirement was met because court was in session and the judge was present when…