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UNITED STATES v. STRICKLIN

No. 77-3072.

591 F.2d 1112 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Moody STRICKLIN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1979.

Attorney(s) appearing for the Case

Lee A. Chagra, El Paso, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., James Kerr, LeRoy Morgan Jahn, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, GEE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This is an appeal by Jack Moody Stricklin, Jr., from the District Court's denial of his motion to dismiss an indictment handed down in El Paso, Texas, on double jeopardy grounds. The pretrial order rejecting Stricklin's claim that two previous indictments handed down in Tennessee and New Mexico resulted in former jeopardy is properly before us as a final decision within the meaning of 28 U.S.C. § 1291. Abney v. United States,...

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