668 F.2d 1238, 215 U.S.App.D.C. 206
United States Court of Appeals, District of Columbia Circuit. UNITED STATES of America, v. Henning HELDT and Duke Snider, Appellants. UNITED STATES of America, v. Mary Sue HUBBARD, Appellant. UNITED STATES of America, v. Sharon THOMAS, Appellant. UNITED STATES of America, v. Gregory WILLARDSON, Appellant. UNITED STATES of America, v. Richard WEIGAND, Appellant. UNITED STATES of America, v. Cindy RAYMOND, Appellant. UNITED STATES of America, v. Gerald Bennett WOLFE, Appellant. UNITED STATES of America, v. Mitchell HERMANN, Appellant. Nos. 79-2442, 79-2447 to 79-2450, 79-2456, 79-2459 and 79-2462. Argued Feb. 27, 1981. Decided Oct. 2, 1981. As Amended Oct. 2 and 30, 1981.
Following preliminary proceedings, 474 F.Supp. 90, 493 F.Supp. 206, 493 F.Supp. 209, defendants were convicted, in accordance with a disposition agreement, before the United States District Court for the District of Columbia, Charles R. Richey, J., of conspiracy to obstruct justice and other offenses in the cases of six of the defendants, of conspiracy to burglarize government offices and steal documents in the case of one of the defendants, and of misdemeanor theft of government property in the case of another defendant. Defendants appealed. The Court of Appeals held that: (1) prosecution for conspiracy of defendant who concealed purpose and scope of his criminal activities and subsequently told a false story to grand jury was not barred by his agreement to plead guilty to misuse of a government seal, even though Government had promised not to charge defendant with any other possible violations arising out of events giving rise to guilty plea; (2) search warrant which specified 162 separate descriptions of seizable documents involved in investigation of members of the Church of Scientology was valid, and searches pursuant to warrant satisfied ultimate constitutional requirement of reasonableness; (3) trial judge properly determined that he was under no obligation to recuse himself from case; (4) trial court did not err in refusing to disqualify all prosecutors in the office of the United States Attorney for the District of Columbia; (5) Government did not violate disposition agreement not to allocute at sentencing when it disputed defense counsel's testimony that during negotiations Government's stated position was that it did not want one of defendants to go to jail; and (6) lower court did not err in refusing to grant "use" immunity to a codefendant so that she could offer allegedly "exculpatory" testimony on behalf of another defendant.
Ordered accordingly.
Wald, Circuit Judge, filed an opinion concurring in part and concurring in the result.
Appeal from the United States District Court for the District of Columbia (D.C. Civil No. 78-401). Philip Hirschkop, with whom Leonard S. Rubenstein and Geraldine R. Gennet, Alexandria, Va., were on the brief, for appellants in No. 79-2442. Counsel presented argument on behalf of all appellants on the issues of search and seizure. Earl C. Dudley, Jr., Washington, D.C., for appellants in Nos. 79-2456 and 79-2462. Michael Nussbaum and Ronald Precup, Washington, D.C., also entered an appearance for appellants in Nos. 79-2456 and 79-2462. Leonard Boudin, New York City, with whom Eric Liberman, San Francisco, Cal., and Dorian Bowman, New York City, were on the brief for appellant in No. 79- 2447. John Zwerling with whom Jonathan Shapiro and Diana Lee Evans, Alexandria, Va., were on the brief for appellant in No. 79-2459. Leonard J. Koenick, Washington, D.C., was on the brief for appellant in No. 79-2448. Roger E. Zuckerman and Roger C. Spaeder, Washington, D.C., were on the brief for appellants in No. 79-2449 and 79-2450. Steven C. Tabackman and Melvyn H. Rappaport, Asst. U.S. Attys., with whom Charles F. C. Ruff, U.S. Atty., John A. Terry, Michael W. Farrell, Raymond Banoun, Judith Hetherton and Timothy J. Reardon, III, Asst. U.S. Attys. Washington, D.C., were on the brief for appellee. Nadine Strassen was on the brief for amicus curiae, American Civil Liberties Union, urging reversal with respect to the search and seizure issue in Nos. 79-2442, 79-2447, 79-2448, 79-2449, 79-2450, 79-2452, 79-2456 and 79-2462. Frederic R. Kellogg, Boston, Mass., was on the statement in lieu of brief for amicus curiae, National Moratorium on Prison Const., et al., in Nos. 79- 2447, 79-2448, 79-2449, 79-2450, 79-2452 and 79-2462.
Before MacKINNON, ROBB and WALD, Circuit Judges.
Opinion PER CURIAM.
Opinion concurring in part and concurring in the result filed by Circuit Judge WALD.