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U.S. v. AVANTS

No. 00-60745.

278 F.3d 510 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Ernest Henry AVANTS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 2002.

Attorney(s) appearing for the Case

Elizabeth D. Collery (argued), U.S. Dept. of Justice, Crim. Div., Washington, DC, Jack Brooks Lacy, Jr., Asst. U.S. Atty., Jackson, MS, for Plaintiff-Appellant.

Thomas E. Royals, Royals & Associates, Julie Ann Epps (argued), Jackson, MS, for Defendant-Appellee.

Before KING, Chief Judge, and JOLLY and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In 1966, Ben Chester White was murdered. The state of Mississippi charged the appellee, Ernest Henry Avants, with the murder. Shortly before his state court trial in 1967, Avants made incriminating statements to FBI agents. Avants was later acquitted on the state murder charge.

White was murdered on federal land. So, many years later in the year 2000, the federal government initiated this federal murder prosecution against Avants...

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