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UNITED STATES v. DINITZ

No. 73-2109.

538 F.2d 1214 (1976)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 3, 1976.

Attorney(s) appearing for the Case

S. Gunter Toney (Court-appointed), Tallahassee, Fla., Fletcher N. Baldwin, Jr. (Court-appointed), Gainesville, Fla., 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 BROWN, Chief Judge, and GEWIN, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, MORGAN, CLARK, RONEY, GEE, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 3, 1976.

TJOFLAT, Circuit Judge.

On April 17, 1973, Nathan 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. A panel of this court reversed that conviction, holding that Dinitz had been placed in double jeopardy in violation of his Fifth Amendment rights. United States v...

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