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UNITED STATES v. BARHAM

No. 79-5711 Summary Calendar.

625 F.2d 1221 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Harrison BARHAM a/k/a Robert Meyers, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

E. E. Edwards, III, Nashville, Tenn., for defendant-appellant.

J. R. Brooks, U.S. Atty., Michael V. Rasmussen, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before CHARLES CLARK, VANCE and SAM D. JOHNSON, Circuit Judges.

CHARLES CLARK, Circuit Judge:

James Harrison Barham appeals from his conviction for counterfeiting and for conspiring to make, possess, and pass counterfeit in violation of 18 U.S.C. §§ 471 and 371 (1976). This trial is Barham's third for these offenses. The first trial ended in a mistrial when the jury was unable to agree on a verdict. The jury in the second trial convicted Barham, but this court reversed that conviction on appeal because the prosecutor...

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