 Justice Blackmun concurred, stating, “At least a ‘plausible theory’ of how the testimony of the deported witnesses would be helpful to the defense must be offered.None was advanced here; therefore, the motion to dismiss the indictment was properly denied by the District Court.”

Justice O’Connor also concurred, stating, “In the case before us, the respondent made no plausible suggestion that the deported aliens possessed any material evidence that was not merely cumulative of other evidence.Under the standard I have proposed, the District Court properly denied the respondent's motion to dismiss the indictment.