UNITED STATES v. THOMAS

Nos. 77-1383, 77-1384.

580 F.2d 1036 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry Wayne THOMAS and Sherry Lynn Waters, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 9, 1978.

Rehearing Denied September 15, 1978.


Attorney(s) appearing for the Case

John E. Green, Acting U. S. Atty., Oklahoma City, Okl., for plaintiff-appellant.

Jack T. Barragree, Oklahoma City, Okl. (Beaven & Barragree, Oklahoma City, Okl., on the brief), for defendants-appellees.

Before McWILLIAMS, BREITENSTEIN, and LOGAN, Circuit Judges.


McWILLIAMS, Circuit Judge.

The question to be resolved is whether a misunderstanding on the part of all concerned at sentencing in a criminal case is ground for dismissal of an indictment subsequently returned by a grand jury against the same defendant. The trial court concluded that it was, and the Government now appeals.

Jerry Wayne Thomas was charged in the United States District Court for the Western District of Oklahoma with unlawfully having in his possession...

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