Does the trial court abuse its discretion in denying a motion to dismiss the indictment because alien material witnesses were placed beyond the compulsory process of the court?

MultiRegion, United States of America

The following excerpt is from U.S. v. Vega-Limon, 548 F.2d 1390 (9th Cir. 1977):

2. The trial court did not abuse its discretion in denying appellant's pretrial motion to dismiss the indictment because alien material witnesses were placed beyond the compulsory process of the court. The government made every effort to protect appellant's rights by seeking detention of the witnesses. The court detained them for more than ten days after an arrest warrant issued. Appellant was a fugitive from justice. The court could infer from the evidence that he knew his co-conspirators had been arrested and that a warrant for his arrest was outstanding. Since he purposely evaded apprehension he cannot now complain that he had no opportunity to interview the released aliens. See United States v. Francisco-Romandia, 503 F.2d 1020, 1021 (9th Cir. 1974).

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