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UNITED STATES v. CRUZ

No. 78-1008.

568 F.2d 781 (1978)

UNITED STATES of America, Appellee, v. Herminio CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 6, 1978.

Attorney(s) appearing for the Case

David P. Twomey, Asst. U. S. Atty., Boston, Mass., on appellee's motion for summary affirmance, with whom Edward F. Harrington, U. S. Atty., and Walter B. Prince, Asst. U. S. Atty., Boston, Mass., were on memorandum in support thereof.

Allan A. Ackerman, Chicago, Ill., for defendant, appellant in opposition thereto.

Before COFFIN, Chief Judge, and CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The district court denied Herminio Cruz's pretrial motion to dismiss on double jeopardy grounds an indictment pending against him and others for conspiracy to distribute heroin under 21 U.S.C. § 846, and Cruz now brings this interlocutory appeal under authority of Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). The district court's ruling and Cruz's appeal were...

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