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UNITED STATES v. ZIMMELMAN

No. 80-1332.

634 F.2d 1237 (1980)

UNITED STATES of America, Appellee, v. Julius ZIMMELMAN, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Nancy Wieben Stock, Asst. U.S. Atty., Los Angeles, Cal., for appellee.

Howard L. Weitzman, Weitzman & Fidler, Los Angeles, Cal., for appellant.

Before GOODWIN and POOLE, Circuit Judges, and PRICE, District Judge.

PER CURIAM.

Julius Zimmelman appeals pursuant to Abney v. United States, 431 U.S. 651, 659, 97 S.Ct. 2034, 2040, 52 L.Ed.2d 651 (1977), from the denial of a motion to dismiss an indictment on grounds of double jeopardy.1 We affirm.

After a jury trial resulted in Zimmelman's conviction, the district court granted Zimmelman's motion for a mistrial based upon alleged prosecutorial misconduct...

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