Can a trial judge dismiss an indictment based on perjured testimony?

United States v. Basurto, 497 F.2d 781 (9th Cir. 1974), represents a holding of this court authorizing a trial court to dismiss an indictment when it is discovered prior to trial, and before jeopardy has attached, that perjured testimony as to a material issue had been presented before the grand jury. It is of passing interest to note that the district judge who authored United States v. DeMarco, supra, at the trial level, wrote for this court in Basurto. This case is clear authority for dismissal of an indictment by a trial judge where the quality of the evidence presented to the grand jury is in question. A majority of the panel found the authority under the Due Process Clause of the Fifth Amendment. The concurrence would place that authority on the supervisory power of the courts in the administration of the criminal justice jurisdiction. It must be emphasized that Basurto deals with a case of undisputed perjury by the key witness presented to the grand jury.