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UNITED STATES v. DOSS

No. 75-1463.

563 F.2d 265 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Vincent Moran DOSS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1977.

Attorney(s) appearing for the Case

Robert W. Andrews, Erich W. Merrill, Memphis, Tenn., for defendant-appellant.

Thomas F. Turley, U. S. Atty., W. Hickman Ewing, Jr., Memphis, Tenn., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and WEICK, EDWARDS, CELEBREZZE, PECK, LIVELY and ENGEL, Circuit Judges, sitting en banc.

EDWARDS, Circuit Judge.

On November 18, 1976, a panel of this court1 released an opinion reversing two perjury convictions of appellant Doss and remanding them to the District Court for dismissal of the perjury indictments, 545 F.2d 548. The panel opinion held that the facts in the case showed "an abuse of the grand jury process . . . by the United States Attorney. . . . [because] appellant had been twice...

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