Rehearing and Rehearing En Banc Denied September 19, 1978.
SNEED, Circuit Judge:
Dipp appeals from his conviction for perjury in violation of 18 U.S.C. § 1623. The perjury charge arose out of testimony he gave in his own behalf at an earlier trial in which he was accused of conspiracy to smuggle drugs into the United States. Appellant was acquitted of the conspiracy charge. On this appeal we must decide, first, whether the perjury prosecution was barred...
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