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UNITED STATES v. KELAVA

No. 79-1520.

610 F.2d 479 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Bozo KELAVA and Mile Kodzoman, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Robert A. Merrick, Jr., Michael D. Monico, Chicago, Ill., for Bozo Kelava.

Frank E. Stachyra, argued, William J. Martin, Robert M. Stephenson, Chicago, Ill., for Mile Kodzoman.

Thomas P. Sullivan, U.S. Atty., Cynthia Giacchetti, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and SWYGERT, Circuit Judge.

SWYGERT, Circuit Judge.

In this appeal from the denial of the defendants' pre-trial motion under the Double Jeopardy Clause,1 we must determine the effect of the defendants' previous trial for conspiracy and kidnapping of foreign officials on the Government's present efforts to prosecute them for armed imprisonment of a foreign official. We hold that the defendants may be retried, but the retrial...

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