Is there an evidentiary hearing on a motion to dismiss an indictment?

An evidentiary hearing is required on a motion to dismiss an indictment if defendants raise a material issue of fact which, if resolved in accordance with defendants' contentions, would entitle them to relief. United States v. Irwin, 612 F.2d 1182, 1187 (9th Cir.1980). There were factual disputes as to whether certain witnesses had communicated to the prosecutor, prior to their appearing before the grand jury, their intention to assert the privilege. There were also disputes as to whether the prosecutor had harassed certain witnesses by gestures that would not appear in the record. However, no evidentiary hearing was or is necessary, because dismissal would not be warranted even if defendants' versions of the facts were true.

We also reject the defendants' claim that the district court abused its discretion by refusing to disclose grand jury transcripts to the defendants under Rule 6(e)(3)(C)(ii). A defendant has no right to pre-trial discovery of grand jury transcripts absent a particularized need. United States v. Ferreboeuf,

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