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UNITED STATES v. SANCHEZ

No. 79-1246.

609 F.2d 761 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Joe SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 1980.

Attorney(s) appearing for the Case

Tom Mills, Elizabeth Unger Carlyle, William T. Knox, Dallas, Tex., for defendant-appellant.

Shirley Baccus-Lobel, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue is whether a defendant's attempt to plead guilty to a lesser included offense, rejected by the district judge, bars the government's prosecution of the original offense. Joe Sanchez was indicted on a charge of distribution of heroin in violation of 21 U.S.C. § 841(a)(1). Sanchez and the government entered into a plea agreement whereby Sanchez would plead guilty to a superseding information charging him with possession...

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