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UNITED STATES v. HITCHMON

No. 77-5587.

609 F.2d 1098 (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.

December 28, 1979.

Attorney(s) appearing for the Case

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

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

James R. DiFonzo, T. George Gilinsky, Robert J. Erickson, Washington, D. C., for plaintiff-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

TJOFLAT, Circuit Judge:

This direct criminal appeal is before this panel for a second time. Earlier, we held that the district court lacked jurisdiction to try the appellants because, at the time of trial, an appeal to this court was pending. United States v. Hitchmon, 587 F.2d 1357 (5th Cir. 1979). The en banc court, however, viewed the Government's appeal as having been taken from a non-appealable order and held that the...

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