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U.S. v. SANDERS

No. 78-2390.

591 F.2d 1293 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Richard B. SANDERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 28, 1979.

Attorney(s) appearing for the Case

Calvin J. Stacey, Billings, Mont., for defendant-appellant.

Lorraine D. Gallinger, Asst. U. S. Atty., Billings, Mont., for plaintiff-appellee.

Before MOORE, WRIGHT and CHOY, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Sanders was convicted under 18 U.S.C. § 495 (1976), for uttering a United States Treasury check, knowing that it was falsely endorsed. He appeals, contending: (1) that his second trial was barred by the double jeopardy clause of the Fifth Amendment; (2) that he was denied due process because the district court would neither allow him to call a specific witness nor declare her unavailable...

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