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UNITED STATES v. LANHAM

Nos. 79-5057, 79-5058.

631 F.2d 356 (1980)

UNITED STATES of America, Appellee, v. John LANHAM, III, Appellant. UNITED STATES of America, Appellee, v. William TROY, William P. Trolinger, III, and April L. Jacobs, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1980.

Attorney(s) appearing for the Case

Barry Wolf, Alexandria, Va. (John F. Mark, Lowe, Mark, Moffitt, Barton & Ford, Alexandria, Va., on brief), for appellant Trolinger.

John Kenneth Zwerling, Alexandria, Va. (Jonathan Shapiro, Zwerling & Shapiro, Alexandria, Va., on brief), for appellant, Lanham.

James M. Lowe (Lowe, Mark, Moffitt, Barton & Ford, Alexandria, Va., on brief), for appellant Troy.

Marvin D. Miller, Alexandria, Va., on brief, for appellant Jacobs.

Myron L. Wolfson, Towson, Md., on brief, for appellants.

Kurt L. Schmoke, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Catherine C. Blake, Asst. U. S. Atty., Baltimore, Md. on brief), for appellee.

Before WINTER, MURNAGHAN and ERVIN, Circuit Judges.

PER CURIAM:

Lanham, Troy, Trolinger and Jacobs appeal the government's dismissal without prejudice of the indictments against them, contending that the dismissal should have been with prejudice. We find that a dismissal without prejudice is not immediately reviewable and we therefore dismiss the appeals.

Our action is based on the Supreme Court's decision in Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed...

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