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UNITED STATES v. WRIGHT

No. 79-2982 Summary Calendar.

622 F.2d 792 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin Bernardo WRIGHT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 1980.

Attorney(s) appearing for the Case

J. Richard Young, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

Howard J. Weintraub, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Appellant, Alvin Bernardo Wright, appeals a District Court ruling denying his motion to dismiss on double jeopardy grounds the indictment against him after a mistrial was declared due to a deadlocked jury. We affirm.

Wright was tried before a jury on the charges of murder of a fellow inmate at the United States Penitentiary in Atlanta, Georgia, in violation of 18 U.S.C.A. § 1111, and conveyance of a weapon in violation of...

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