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UNITED STATES v. BRUMMITT

No. EP-80-CR-100.

503 F.Supp. 852 (1980)

UNITED STATES of America, Plaintiff, v. David BRUMMITT, Defendant.

United States District Court, W. D. Texas, El Paso Division.

October 20, 1980.

Attorney(s) appearing for the Case

Elizabeth Rogers, Asst. U. S. Atty., El Paso, Tex., and James E. Bock, Asst. U. S. Atty., San Antonio, Tex., for the United States.

Charles L. Roberts and Joseph Abraham, Jr., El Paso, Tex., for defendant David Michael Brummitt.

HEMPHILL, Senior District Judge, Sitting by Designation.

Defendant, charged in a two count indictment with criminal contempt under 18 U.S.C. 401(3),1 sought, through able counsel, to interpose a defense of "fear of foreign prosecution". This Court denied such a defense on the basis of the ruling of In re Brummitt, 608 F.2d 640 (5th Cir.), in which the United States Fifth Circuit Court of Appeals...

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