US v. McTague

UNITED STATES OF AMERICA v.
MARIA ROSALBA ALVARADO MCTAGUE
FELIX ADRIANO CHUJOY, a/k/a Felix Chujoy Alvarado
GLADYS GEORGETTE CHUJOY, a/k/a Gladys Johnston

US Court of Appeals for the 4th Circuit, Duncan, Oct. 26, 2016,
Grand Jury – Where a federal grand jury indicts on new charges, that factor should weigh against a finding that it was used to improperly investigate an already existing indictment.

Grand Jury- Once a criminal defendant has been indicted, the Government is barred from employing the grand jury for the `sole or dominant purpose’ of developing additional evidence against the defendant in that case.
Grand Jury Abuse – A US district court judge has discretion to remedy grand jury abuse, but the defendant alleging abuse “faces an uphill climb.” The judge must state with particularity the concerns it had and tailor the remedy to correct that finding.

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