Opinion
Case No. 1:08CR00041.
May 11, 2009
Zachary T. Lee, Assistant United States Attorney, Abingdon, Virginia, for United States.
David S. Saliba, Wytheville, Virginia, for Defendant.
OPINION AND ORDER
The defendant has filed a pretrial Motion to Dismiss Indictment, in which he alleges that one of his codefendants, Paul Vaughn, testified before the grand jury that indicted him and has since recanted that testimony. The defendant is charged with participating in a drug trafficking conspiracy. Vaughn pleaded guilty to that charge and has testified at earlier trials of coconspirators on behalf of the government.
The record does reflect that the court has recently received letters purportedly from Vaughn, in which it is stated that he lied in his earlier testimony. In addition, the court has granted a motion by his attorney that Vaughn be examined as to his present competency.
While there is not unanimity among the circuits as to claims of indictment based on alleged perjured testimony, I find that there has not been a sufficient showing here that would justify the dismissal of the Indictment against the defendant in this case.
Compare, e.g., United States v. Basurto, 497 F.2d 781, 784 (9th Cir. 1974), with United States v. Reyes-Echevarria, 345 F.3d 1, 5 (1st Cir. 2003).
Accordingly, it is ORDERED that the Motion to Dismiss Indictment is DENIED.