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UNITED STATES v. DINITZ

No. 73-2109.

492 F.2d 53 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan George DINITZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted June 10, 1974.

Attorney(s) appearing for the Case

Fletcher N. Baldwin, Jr., Univ. of Fla. College of Law, Gainesville, Fla. (Court-appointed), for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Robert L. Crongeyer, Jr., Nick P. Geeker, Asst. U. S. Attys., Pensacola, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

Rehearing En Banc Granted June 10, 1974.

CLARK, Circuit Judge:

I.

Nathan George Dinitz was convicted of violating 21 U.S.C. § 846 by conspiring to distribute a schedule I controlled substance (LSD) and of violating 21 U. S.C. § 841(a)(1) by distributing LSD. Dinitz's first trial ended in a mistrial. He contends that retrying him violated his fifth amendment rights against double jeopardy. Because we agree that the retrial constituted double...

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