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UNITED STATES v. POWELL

No. 79-1730.

632 F.2d 754 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel James POWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1980.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Barry Tarlow, Los Angeles, Cal., for defendant-appellant.

Roger W. Haines, Jr., Asst. U. S. Atty., argued, Michael H. Walsh, U.S. Atty., Roger W. Haines, Jr., Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before SKOPIL and FERGUSON, Circuit Judges, and LYDICK, District Judge.

FERGUSON, Circuit Judge:

Appellant Daniel James Powell ("Powell") appeals pretrial denial of his alternative motions either to dismiss a conspiracy indictment against him or to strike two overt acts from that indictment. The motions rested on Powell's contention that a prior acquittal on a possession charge collaterally estopped the Government from retrying him. We affirm the denial of the motion to dismiss. The appeal from the denial of the motion to strike is dismissed...

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