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UNITED STATES v. BARHAM

No. 79-3785.

608 F.2d 602 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James Harrison BARHAM, a/k/a Robert Myers, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1979.

Attorney(s) appearing for the Case

E. E. Edwards, III, Nashville, Tenn., for defendant-appellant.

Michael V. Rasmussen, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before COLEMAN, Chief Judge, HILL and GARZA, Circuit Judges.

JAMES C. HILL, Circuit Judge.

In 1977, the Supreme Court handed down its decision in Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). Abney made it clear that the denial of a motion to dismiss an indictment based upon double jeopardy is directly appealable to the circuit court of appeals. It further appears that, during consideration of the case, the...

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