UNITED STATES v. SMITH

No. 78-1508 Summary Calendar.

574 F.2d 308 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel S. SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 1978.


Attorney(s) appearing for the Case

James O. Brecher, Jacksonville, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., John J. Daley, Jr., Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the district court denying appellant's pretrial motion to dismiss the indictment against him on double jeopardy grounds. We affirm.

Appellant, a former circuit judge in the State of Florida, was convicted in April 1977 of conspiracy to distribute marijuana (21 U.S.C.A. § 846) and possession of marijuana with intent to distribute (21 U.S.C.A. § 841(a)(1)). His appeal is presently pending before this...

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