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UNITED STATES v. HITCHMON

No. 77-5587.

587 F.2d 1357 (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.

January 5, 1979.

Attorney(s) appearing for the Case

Stephen G. Glucksman, Miami, Fla. (court-appointed), for Hitchmon.

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

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Katherine Winfree, and Robert J. Erickson, James R. DiFonzo, c/o T. George Gilinsky, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

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

TJOFLAT, Circuit Judge:

John Hitchmon and Jessie Lee Fussell appeal judgments of conviction for intimidating an officer of the law in violation of 18 U.S.C. § 111 (1976). These judgments were entered after their second jury trial on these charges, a motion for new trial having been granted after their first convictions were affirmed by this court. We find that we must reverse and remand for yet another trial because...

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