UNITED STATES v. GAINEY

Nos. 24249, 24250.

440 F.2d 290 (1971)

UNITED STATES of America, Appellant, v. Andre L. GAINEY.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1971.

Petition for Rehearing Denied March 23, 1971.


Attorney(s) appearing for the Case

Mr. Gregory C. Brady, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Stephen W. Grafman, Asst. U. S. Attys., were on the brief, for appellant. Mr. William H. Collins, Jr., Asst. U. S. Atty., also entered an appearance for appellant.

Mr. David M. Davenport (appointed by this Court) for appellee.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, U. S. District Judge for the Eastern District of Wisconsin.


MYRON L. GORDON, District Judge:

The district court entered orders which dismissed two criminal charges brought against the defendant. This appeal seeks to have such orders reversed and to have the cases placed back on the trial calendar.

After the defendant was sentenced by the court in a third case, counsel for both the government and the defendant indicated in open court that guilty pleas would be submitted in...

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