Does the fact that defendant Gable admitted making false statements to the grand jury at trial preclude the dismissal of an indictment?

There is no question that Gable admitted at trial that he made certain false statements before the grand jury. However, the fact that false statements were made to the grand jury does not require the automatic dismissal of an indictment. The due process clause of the Fifth Amendment is violated when a defendant must stand trial on an indictment which the government knows is partially based upon perjured testimony that was material in nature. United States v. Basurto, 497 F.2d 781, 785 (9th Cir. 1974); United States v. Bracy, 566 F.2d 649, 654 (9th Cir. 1977), cert. denied, 439 U.S. 818, 99 S.Ct. 79, 58 L.Ed.2d 109 (1978).