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UNITED STATES v. TERCERO

Nos. 78-1106, 78-1107.

580 F.2d 312 (1978)

UNITED STATES of America, Appellant, v. Ernesto TERCERO, Appellee. UNITED STATES of America, Appellant, v. Juan Antonio TERCERO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1978.

Attorney(s) appearing for the Case

Richard Vosepka, Asst. U.S. Atty., Minneapolis, Minn. (argued), and Andrew W. Danielson, U.S. Atty., Minneapolis, Minn., on brief, for appellant.

Robert J. Lyman, Phoenix, Ariz., argued for Ernesto Tercero and on brief, for appellees.

Phillip S. Resnick, Minneapolis, Minn., argued, for Juan Antonio Tercero and on brief, for appellees.

Larry L. Debus, Phoenix, Ariz., on brief, for appellees.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This case presents the difficult question of whether two marihuana conspiracies charged in the District of Arizona and the District of Minnesota are in reality one single conspiracy for purposes of the Fifth Amendment guarantee against double jeopardy.

On May 17, 1976, the United States grand jury for the District of Minnesota returned a multi-count indictment charging Ernesto Tercero, his brother Juan Antonio Tercero, and others...

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