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UNITED STATES v. BALOCHI

No. 75-1729.

527 F.2d 562 (1976)

UNITED STATES of America, Appellant, v. Ralph Edward BALOCHI, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1976.

Attorney(s) appearing for the Case

John F. Barg, Atty., U. S. Dept. of Justice (William B. Cummings, U. S. Atty., on brief), for appellant.

Frederick T. Stant, III, Virginia Beach, Va. (Clark, Steinhilber, Hofheimer & Stant, Virginia Beach, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

The district court dismissed with prejudice an indictment charging defendant with a violation of the Dyer Act, 18 U.S.C. § 2313; and, under 18 U.S.C. § 3731, the government appeals. The dismissed indictment replaced one count of an earlier indictment that had been dismissed on motion by the government on the morning of trial. Because we think that the district court had discretion under Rule 48(b), F.R.Crim.P., to dismiss an indictment for "unnecessary...

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