U.S. v. Brothers Construction Co. of Ohio

2 Citing briefs

  1. USA v. Sitzmann

    MOTION for Judgment of Acquittal, or in the Alternative, for a New Trial

    Filed January 23, 2013

    It is a “universal rule” that it is improper to use the grand jury for trial preparation. United States v. Brothers Const. Co. of Ohio, 219 F.3d 300, 314 (4th Cir. 2000); In re Grand Jury Proceeding (Fernandez Diamante), 814 F.2d 61, 70 (1st Cir. 1987); United States v. Star, 470 F.2d 1214 (4th Cir. 1972). The grand jury‘s power is limited by its function towards the possible return of an indictment.

  2. USA v. Boggs Paving, Inc. et al

    RESPONSE in Opposition

    Filed August 4, 2014

    Indeed, the Fourth Circuit has consistently upheld convictions for DBE fraud similar to that alleged in the SBI. See e.g., United States v. Brothers Construction Co. et al., 219 F.3d 300, 317 (4th Cir. 2000)(rejecting defense argument that there was no economic loss in a DBE case for purposes of calculating the applicable Federal Sentencing Guidelines). Bunn is factually similar to the instant case.