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UNITED STATES v. BURKETT

Nos. 79-1122, 79-1233, 79-1348 and 79-1349.

612 F.2d 449 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Lee BURKETT, Saundra Navarro, Marguerite Constanza, and Gary Toughill, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 12, 1980.

Attorney(s) appearing for the Case

Richard M. Barnett and Sheldon D. Sherman, San Diego, Cal. (argued), Victor Sherman, Los Angeles, Cal. (argued), Nasatir, Sherman, Hirsch, Los Angeles, Cal., on brief, for defendants-appellants.

Howard A. Allen, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Howard A. Allen, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before ELY and WRIGHT, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, District Judge:

This interlocutory appeal from the United States District Court for the Southern District of California is based upon the denial of appellants' motions to dismiss the indictment because of alleged double jeopardy. Jurisdiction is established by 28 U.S.C. § 1291. Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977).

The district court determined that this interlocutory...

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