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UNITED STATES v. HITCHMON

No. 77-5587.

602 F.2d 689 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. John HITCHMON, a/k/a John Ashanti, and Jessie Lee Fussell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 12, 1979.

Attorney(s) appearing for the Case

Steven G. Glucksman (Court-appointed), Miami, Fla., for John Hitchmon.

Richard B. Marx (Court-appointed), Miami, Fla., for Jessie Lee Fussell.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Sidney M. Glazer, James R. DiFonzo, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, RUBIN, VANCE and KRAVITCH, Circuit Judges.

RONEY, Circuit Judge:

A panel of this Court reversed these convictions on the ground that the district court was without jurisdiction to try the defendants because the Government had filed a notice of appeal from an order granting a new trial, which appeal stood undismissed at the time of trial. United States v. Hitchmon, 587 F.2d 1357 (5th Cir. 1979). This Court granted a petition...

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