UNITED STATES v. WITHERS

Nos. 80-5045, 80-5061.

637 F.2d 445 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Tom WITHERS and Willie Lee Rembert, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 5, 1980.


Attorney(s) appearing for the Case

Shelby C. Kinkead, Jr., Arnold, Bulleit, & Kinkead, Lexington, Ky., for defendants-appellants.

Patrick H. Molloy, U. S. Atty., Joseph L. Famularo, Asst. U. S. Atty., Lexington, Ky., for plaintiff-appellee.

Before EDWARDS, Chief Judge, WEICK, Circuit Judge, and PECK, Senior Circuit Judge.


EDWARDS, Chief Judge.

These are direct appeals from the third trial of appellants Withers and Rembert on charges of kidnapping and interstate car theft. In the first trial appellants were convicted and given concurrent sentences of fifteen and five years on the respective charges. After a successful appeal by Withers, the convictions of both men were set aside. The ground for reversing Withers' conviction was prosecutorial abuse in the fact that the Assistant United...

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