United States v. Jacque Kristina Derr, 726 F.2d 617 (10th Cir. 1984). · Go Syfert
United States v. Jacque Kristina Derr, 726 F.2d 617 (10th Cir. 1984). Cases Citing This Book View Copy Cite
99 citation events (39 in the last 25 years) across 28 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Matthew A. Carabajal v. The State of Wyoming (4×) also: Cited "see", Cited "see, e.g."
Wyo. · 2020 · quote attribution · 1 verbatim quote · confidence high
under the circumstances, dismissing the second indictment was the only sanction that would effectuate the primary purpose of rule 48(a).
discussed Cited as authority (rule) Commonwealth, Aplt. v. Harrison, S. (2×)
Pa. · 2026 · confidence medium
This leave-of-court rule “contemplates public exposure of the reasons for the abandonment of [a prosecution] in order to prevent abuse of the uncontrolled power of dismissal previously enjoyed by prosecutors.” United States v. Greater Blouse, Skirt & Neckwear Contractors Ass’n, 228 F.Supp. 483, 486 (S.D.N.Y. 1964); see In re Richards, 213 F.3d 773, 788 (3d Cir. 2000) (describing the leave-of-court rule “as a ‘sunshine’ provision that exposes the reasons for prosecutorial decisions”); United States v. Derr, 726 F.2d 617, 619 (10th Cir. 1984) (“The primary purpose” of the leave…
discussed Cited as authority (rule) United States v. Nguyen
D.D.C. · 2025 · confidence medium
See Fields, 475 F. Supp. at 908 (dismissing first indictment with prejudice after second indictment revealed “inappropriate conduct” by Government, functionally “vitiating the second indictment”); United States v. Derr, 726 F.2d 617, 619 (10th Cir. 1984) (approving district court dismissal of second indictment, “in effect altering the first dismissal to one with prejudice”).
cited Cited as authority (rule) Workman v. United States
D.C. · 2021 · confidence medium
E.g., United States v. Derr, 726 F.2d 617, 618-19 (10th Cir. 1984).
examined Cited as authority (rule) United States v. Flynn (3×) also: Cited "see"
D.D.C. · 2020 · confidence medium
“Thus, to honor the purpose of the rule, the trial court at the very least must know the prosecutor’s reasons for seeking to dismiss the indictment and the facts underlying the prosecutor’s decision.” United States v. Derr, 726 F.2d 617, 619 (10th Cir. 1984); see also United States v. Greater Blouse, Skirt & Neckwear Contractors Ass’n, 228 F. Supp. 483, 486 (S.D.N.Y. 1964) (“[T]o gain the Court’s favorable discretion, it should be satisfied that the reasons advanced for the proposed dismissal are substantial and the real grounds upon which the application is based.”).
discussed Cited as authority (rule) Phillip v. People (2×)
virginislands · 2013 · confidence medium
In re Richards, 213 F.3d 773, 787 , 42 V.I. 469 (3d Cir. 2000); United States v. Derr, 726 F.2d 617, 619 (10th Cir. 1984).
discussed Cited as authority (rule) United States v. Amaya
10th Cir. · 2006 · confidence medium
Furthermore, “to honor the purpose of the rule, the trial court at the very least must know the prosecutor’s reasons for seeking to dismiss *761 the indictment and the facts underlying the prosecutor’s decision.” United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Flemmi
D. Mass. · 2003 · confidence medium
The Rossoff court also cited United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984), where the Circuit Court upheld a dismissal with prejudice after the government on the day of trial entered a dismissal because it was unprepared to try the case.
cited Cited as authority (rule) United States v. Shabaz, John C.
7th Cir. · 2003 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir. 1984); United States v. Towill, 548 F.2d 1363, 1369-70 (9th Cir. 1977).
cited Cited as authority (rule) In Re: United States of America
7th Cir. · 2003 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984); United States v. Towill, 548 F.2d 1363, 1369-70 (9th Cir.1977).
discussed Cited as authority (rule) In Re: LeRoy Richards
3rd Cir. · 2000 · signal: cf. · confidence medium
See United States v. Hamm, 659 F.2d 624, 628-29 (5th Cir.1981); United States v. Cowan, 524 F.2d 504 , 512- 13 (5th Cir.1975), cert. denied, 425 U.S. 971 , 96 S.Ct. 2168 , 48 L.Ed.2d 795 (1976); cf. United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) In RE LEROY RICHARDS, Appellant (2×)
3rd Cir. · 2000 · signal: cf. · confidence medium
See United States v. Hamm, 659 F.2d 624, 628-29 (5th Cir.1981); United States v. Cowan, 524 F.2d 504 , 512 13 (5th Cir.1975), cert. denied, 425 U.S. 971 , 96 S.Ct. 2168 , 48 L.Ed.2d 795 (1976); cf. United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Bernard S. Palomares (2×)
7th Cir. · 1997 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Decator (2×)
4th Cir. · 1997 · signal: cf. · confidence medium
Cf. United States v. Derr , 726 F.2d 617, 619 (10th Cir. 1984) (dismissing second indictment, thereby effectively altering first dismissal to one with prejudice after finding prosecutor failed to articulate reasons for first dismissal); United States v. Salinas, 693 F.2d 348, 353 (5th Cir. 1982) (reversing convictions arising from _________________________________________________________________ 3 In October 1995, Bryant and Scott were found guilty on all counts charged. 5 reindictment after finding that the Government had moved for dis- missal of original indictment in bad faith).
discussed Cited as authority (rule) United States v. James
D.D.C. · 1994 · confidence medium
“Thus, to honor the purpose of the rule, the trial court at the very least must know the prosecutor’s reasons for seeking to dismiss the indictment and the facts underlying the prosecutor’s decision.” United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984) (citations omitted).
discussed Cited as authority (rule) United States v. Dan L. Williams
10th Cir. · 1992 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984). 12 Williams argues that the government breached its agreement not to prosecute him in exchange for his cooperation and that the indictment against him should have been dismissed.
discussed Cited as authority (rule) United States v. Vernon O. Holland and James Davis Drane Mauldin, Jr.
10th Cir. · 1992 · confidence medium
First, we have no record other than the government’s representations at oral argument about its reasons for dismissing Count I. 5 In fact, the district court did not inquire before granting the Rule 48(a) motion about “the prosecutor’s reasons for dismissing the indictment and the factual basis for the prosecutor’s decision.” United States v. Strayer, 846 F.2d 1262, 1265 (10th Cir.1988) (citing United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984)).
cited Cited as authority (rule) United States of America, Plaintiff-Appellant-Cross-Appellee v. John H. Williams, Jr., Defendant-Appellee-Cross-Appellant
10th Cir. · 1990 · confidence medium
See United States v. Strayer, 846 F.2d 1262, 1265 (10th Cir.1988); United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Bobby Glenn Dyal, A/K/A Robert Dyal
11th Cir. · 1989 · confidence medium
Relying upon Salinas , the Tenth Circuit reasoned that, in order to honor the purpose of Rule 48(a) to prevent harassment of the defendant, “the trial court at the very least must know the prosecutor’s reasons for seeking to dismiss the indictment and the facts underlying the prosecutor’s decision.” 726 F.2d at 619 (citations omitted).
cited Cited as authority (rule) United States v. Charles Byron Welborn, James L. Cockrell, Samuel Carr Hester, and Corwin Guy Mendenhall
5th Cir. · 1988 · confidence medium
See Salinas, 701 F.2d at 42 ; United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
cited Cited as authority (rule) United States v. Bernard Comosona, Jr.
10th Cir. · 1988 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir.).
discussed Cited as authority (rule) United States v. Timothy Paul Strayer (2×)
10th Cir. · 1988 · confidence medium
United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) United States v. Honorable Jim R. Carrigan, United States v. Daniel G. Landry, United States v. Otis Elevator Company and Daniel G. Landry
10th Cir. · 1985 · signal: cf. · confidence medium
See United States v. Hamm, 659 F.2d 624, 628-29 (5th Cir.1981); United States v. Cowan, 524 F.2d 504, 512-13 (5th Cir.1975), cert. denied, 425 U.S. 971 , 96 S.Ct. 2168 , 48 L.Ed.2d 795 (1976); cf. United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited as authority (rule) Myers v. Frazier
W. Va. · 1984 · confidence medium
See, e.g., United States v. Ammidown, 497 F.2d 615, 620 (D.C.Cir.1973); United States v. Salinas, 693 F.2d 348, 352 (5th Cir.1982); United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984); United States v. Doe, 101 F.Supp. 609, 611 (D.Conn.1951); United States v. Shanahan, 168 F.Supp. 225, 229 (S.D.Ind.1958); United States v. Becker, 221 F.Supp. 950, 953 (W.D.Mo.1963); United States v. Greater Blouse, Skirt & Neckwear Contractors Ass’n, 228 F.Supp. 483, 486 (S.D.N.Y.1964); United States v. Butler, 486 F.Supp. 1285, 1294 (E.D.Tex.1980), rev’d sub nom., United States v. Hamm, 659 F.2d 624 (…
discussed Cited "see" United States v. Evans
D.D.C. · 2022 · signal: see · confidence high
See Def.’s R. 48 Mot. at 9–10 (citing United States v. Derr, 726 F.2d 617, 618 (10th Cir. 1984); United States v. Salinas, 693 F.2d 348, 350 (5th Cir. 1982); United States v. Fields, to United States v. Sivilla, which found that a sanction was appropriate when “[t]he prosecutor promised to protect the evidence but failed to take any affirmative action to that end[, t]he government attorney prosecuting the case participated in the events leading to the failure to preserve[, and i]n total, the quality of the government’s conduct was poor.” Def.’s R. 16 Mot. at 10; 714 F.3d 1168, 1173…
discussed Cited "see" United States v. Suazo
1st Cir. · 2021 · signal: see · confidence high
See United States v. Derr, 726 F.2d 617, 618-19 (10th Cir. 1984) (finding prosecution's request for voluntary dismissal because it would "best meet the ends of justice" was insufficient justification for dismissal under Rule 48(a)); United States v. Salinas, 693 F.2d 348, 352-53 (5th Cir. 1982) (finding prosecution's voluntary dismissal of initial indictment in order to get a more favorable jury on a superseding indictment sufficient to overcome presumption of good faith in initial Rule 48(a) dismissal); United States v. Fields, 475 F. Supp. 903, 907-08 (D.D.C. 1979) (dismissing second indictm…
cited Cited "see" United States v. Olmos-Gonzales
S.D. Cal. · 2014 · signal: see · confidence high
See United States v. Strayer, 846 F.2d 1262, 1265 (10th Cir.1988) (citing United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984)).
cited Cited "see" United States v. Gunwall
10th Cir. · 1998 · signal: see · confidence high
See Derr, 726 F.2d at 619 .
cited Cited "see" In Re Slovenec
W.D.N.Y. · 1992 · signal: see · confidence high
See United States v. Derr, 726 F.2d 617 (10th Cir.1984).
cited Cited "see" United States v. John Hayden
9th Cir. · 1988 · signal: see · confidence high
See United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984) (expressly approving district court’s reconsideration of its prior decision to grant a Rule 48(a) dismissal).
discussed Cited "see, e.g." United States v. Rosenberg (2×)
S.D.N.Y. · 2000 · signal: see, e.g. · confidence low
See, e.g., Derr, 726 F.2d 617 ; Salinas, 693 F.2d 348 ; Fields, 475 F.Supp. 903 .
discussed Cited "see, e.g." Government of the Virgin Islands Ex Rel. Robinson v. Schneider
D.V.I. · 1995 · signal: see also · confidence medium
Rule 48(a) requires the government attorney to dismiss an indictment “by leave of court.” “The primary purpose of this requirement is ‘to prevent harassment of a defendant by charging, dismissing and recharging without placing a defendant in jeopardy.’ ” United States v. Welborn, 849 F.2d 980, 983 (5th Cir.1988); see also United States v. Derr, 726 F.2d 617, 619 (10th Cir.1984).
discussed Cited "see, e.g." United States v. Poindexter
D.D.C. · 1989 · signal: see also · confidence low
See also, United States v. Derr, 726 F.2d 617 (10th Cir.1984); United States v. Fields, 475 F.Supp. 903, 908 (D.D.C.1979). *12 The Court can well appreciate the prosecutor’s desire to preserve the best possible case against the defendant for use at a time when, possibly, the tactical situation is more advantageous. 18 Yet that kind of strategy is precisely what such cases as Salinas and Ammidown condemn.
discussed Cited "see, e.g." United States v. Clifford Olson
7th Cir. · 1988 · signal: see also · confidence medium
Dismissal of 1980 indictment Defendant next challenges the dismissal of the 1980 indictment against him and his subsequent reindictment on the same charges. 6 On July 7, 1980, prior to the commencement of trial, the government dismissed the first indictment without prejudice pursuant to Fed.R.Crim.P. 48(a). 7 In its “Order for Dismissal,” the prosecution stated, as its only reason, “that the interests of justice require no further prosecution of this matter at this time.” 8 Rule 48(a) provides that the government may dismiss an indictment prior to trial “by leave of court.” The lea…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
Jacque Kristina DERR, Defendant-Appellee
83-1176.
Court of Appeals for the Tenth Circuit.
Jan 23, 1984.
726 F.2d 617
Frank Michael Ringer, Asst. U.S. Atty., Oklahoma City, Okl. (William S. Price, U.S. Atty., Oklahoma City, Okl., with him on brief), for plaintiff-appellant., Robert A. Jackson, Oklahoma City, Okl., for defendant-appellee.
McWilliams, Logan, Chilson.
Cited by 48 opinions  |  Published
LOGAN, Circuit Judge.

The government appeals an order of the district court dismissing an indictment against defendant Jacque Kristina Derr. In May 1980, a federal grand jury indicted defendant on six counts of bank embezzlement, violations of 18 U.S.C. § 656, and on six counts of making false entries in bank accounts, violations of 18 U.S.C. § 1005. On June 23, 1980, the day the trial was to commence, the government moved to dismiss the indictment pursuant to Fed.R. Crim.P. 48(a). The government offered no reasons for its motion to dismiss other than that dismissal would “best meet the ends of justice.” Defendant objected, asserting that she was ready for trial and that the government had not alleged any legitimate or compelling reason for dismissing the indictment without prejudice. Without further inquiry, the district court dismissed the indictment without prejudice.

On November 1, 1982, a federal grand jury returned another indictment charging the defendant with the same criminal conduct, six counts of violating 18 U.S.C. § 656 and six counts of violating 18 U.S.C. § 1005. Before the same trial judge who had dismissed the first indictment, defendant moved to dismiss the second indictment. Defendant contended that the trial court erred in dismissing the original indictment without prejudice because the government did not submit any reasons for dismissal. Agreeing with defendant’s reasoning, the trial court concluded it had abused its discretion, declaring, “Clearly, if a court cannot exercise its sound discretion without the facts, it must be an abuse of discretion for the court to grant a motion to dismiss without receiving the factual basis therefor.” It thereupon dismissed the second indictment.

Except “during” trial, the prosecutor may dismiss an indictment “by leave of court.” Fed.R.Crim.P. 48(a). [1] As originally pro[*619] posed by the Advisory Committee on Criminal Rules, Rule 48(a) allowed a prosecutor to dismiss without leave of court but required that the prosecutor state reasons for seeking dismissal. However, in promulgating the rule, the Supreme Court deleted this requirement and added the requirement that the prosecutor obtain leave of court. See United States v. Ammidown, 497 F.2d 615, 620 (D.C.Cir.1973); 3A C. Wright, Federal Practice and Procedure § 812 (2d ed. 1982). The government contends that the text of Rule 48(a) and the history of its enactment indicate that the prosecutor need not state reasons for seeking the dismissal of an indictment.

We disagree. The primary purpose of the requirement that the prosecutor obtain leave of court is to prevent harassment of a defendant by a prosecutor’s charging, dismissing, and recharging the defendant with a crime. Rinaldi v. United States, 434 U.S. 22, 29 n. 15, 98 S.Ct. 81, 85 n. 15, 54 L.Ed.2d 207 (1977) (per curiam); United States v. Ammidown, 497 F.2d at 620; United States v. Cox, 342 F.2d 167,171 (5th Cir.) (en banc), cert, denied sub nom. Cox v. Hauberg, 381 U.S. 935, 85 S.Ct. 1767, 14 L.Ed.2d 700 (1965); Woodring v. United States, 311 F.2d 417, 424 (8th Cir.), cert, denied sub nom. Felice v. United States, 373 U.S. 913, 83 S.Ct. 1304, 10 L.Ed.2d 414 (1963). Thus, to honor the purpose of the rule, the trial court at the very least must know the prosecutor’s reasons for seeking to dismiss the indictment and the facts underlying the prosecutor’s decision. United States v. Salinas, 693 F.2d 348, 352 (5th Cir.1982); United States v. Ammidown, 497 F.2d at 620. Furthermore, the trial court’s order granting or denying a motion to dismiss an indictment is reviewable for abuse of discretion. See United States v. Salinas, 701 F.2d 41, 42 (5th Cir.1983) (per curiam); United States v. Cowan, 524 F.2d 504, 513 (5th Cir.1975), cert, denied sub nom. Woodruff v. United States, 425 U.S. 971, 96 S.Ct. 2168, 48 L.Ed.2d 795 (1976). A decision granting a motion to dismiss an indictment without prejudice is no less reviewable after the government secures a second indictment against the defendant. Cf. United States v. Salinas, 693 F.2d 348 (5th Cir.1982) (conviction on second indictment reversed because district court had erroneously dismissed original indictment). If the record contains no reasons or facts explaining the trial court’s decision, the trial court’s decision is effectively unreviewable. We therefore conclude that the district court correctly determined that it abused its discretion when it did not require that the government state reasons for its desire to dismiss the original indictment.

Finally, we address the question of whether the court’s remedy — dismissing the second indictment, in effect altering the first dismissal to one with prejudice — was appropriate. We conclude that this remedy was proper under the circumstances of this case. In the hearing on defendant’s motion to dismiss the second indictment, Assistant U.S. Attorney Michael Ringer explained his position at the time of the earlier motion: “I was dissatisfied with the state of the investigation and the state the charges were in. So, we moved to dismiss for the purpose of continuing the further investigation into the matter.” Unless the government could articulate a better reason for dismissal than this, we think that the trial judge would have had to deny the motion considering that it was made over defendant’s objection and on the day trial was scheduled to begin. Hence, remanding the case for a determination whether the government had valid reasons for dismissing the original indictment would be fruitless. Moreover, if the trial court had initially ruled correctly and refused to dismiss the original indictment, the government’s only alternatives would have been to try a case in which it was obviously unprepared to proceed or to move to dismiss the indictment with prejudice. Thus, we do not regard the trial court’s remedy as unduly harsh. Under the circumstances, dismissing the second indictment was the only sanction that would effectuate the primary purpose of Rule 48(a). See United States v. Fields, 475 F.Supp. 903, 907 (D.D.C.1979). Accordingly, the decision of the district court is AFFIRMED.

1

. Rule 48(a) provides:

“By Attorney for Government. The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.”