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UNITED STATES v. BRUNK

No. 79-2792. Summary Calendar.

615 F.2d 210 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Edwin Brunk, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1980.

Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex. (court-appointed), for defendant-appellant.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.

PER CURIAM:

Brunk appeals the district court's refusal to dismiss the indictment against him on double jeopardy grounds. See Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). We affirm.

Brunk claims the current indictment would require a retrial of charges in an earlier indictment for which he has already stood trial. The earlier indictment charged: (1) conspiracy to possess cocaine with intent...

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