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UNITED STATES v. LUTTRELL

No. 79-2922.

609 F.2d 1190 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John Richard LUTTRELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 18, 1980.

Attorney(s) appearing for the Case

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

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

Before GEE, TJOFLAT, and ANDERSON, Circuit Judges.

PER CURIAM:

Defendant John Richard Luttrell appeals from the district court's denial of his motion to dismiss the indictment against him. He asserts that a retrial would offend principles of double jeopardy. Because we find that his contention is without merit, we affirm.

The pertinent facts follow. On November 9, 1978, defendant Luttrell was transferred from the federal penitentiary in Leavenworth, Kansas, to the federal penitentiary in Atlanta, Georgia,...

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