United States of America v. Jonathan Leslie Allen, AKA Johnathan Allen, AKA Ghost

Spokane, Washington, criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm.

The Defendant claimed that the government commit grand jury abuse by offering perjured testimony. Allen alleges that testimony from an undercover agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) was false because Allen did not “meet” with agents or “provide” a handgun for sale. However, Allen did “meet” with the agents by arriving at their known location; he came into their presence, even if he didn’t get out of the car. Allen also “provided” the weapon by bringing it to the bus plaza to be sold. Moreover, even if the agent’s testimony was false, Allen fails to show that the alleged perjury is material or prejudicial. United States v. Claiborne, 765 F.2d 784, 791–92 (9th Cir. 1985), abrogated on other grounds by Ross v. Oklahoma, 487 U.S. 81 (1988). The alleged perjury is thus not evidence of
“flagrant misconduct,” United States v. Al Mudarris, 695 F.2d 1182, 1185 (9th Cir.
1983), and does not overcome the “presumption of regularity to grand jury
proceedings.” Claiborne, 765 F.2 at 791.

Guilty.

Affirmed