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UNITED STATES v. HAMM

Nos. 80-1315, 80-1331.

659 F.2d 624 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert HAMM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Willis Judge BUTLER, Les Wallick Fuller, Dayton Bud Evans, Jr. and Larry Dale Washington, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

October 19, 1981.

Attorney(s) appearing for the Case

Edward D. Foreman, P.A., Thomas E. Reynolds, St. Petersburg, Fla., for defendant-appellant in No. 80-1315.

William C. Bryson, Peter E. Scheer, Washington, D. C., for plaintiff-appellee in both cases.

Randy Schaffer, Houston, Tex., for Washington.

Melvyn C. Bruder, Dallas, Tex., for Butler, Evans and Fuller.

David Baugh, Asst. U. S. Atty., Beaumont, Tex., for plaintiff-appellee in 80-1331.

Before BROWN, AINSWORTH, CHARLES CLARK, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, SAM D. JOHNSON and WILLIAMS, Circuit Judges, En Banc, Unit A.

AINSWORTH, Circuit Judge:

This case presents a constitutionally important conflict between a trial judge and a government prosecutor over the right of the Government to dismiss indictments against defendants who, after having pleaded guilty to criminal charges, cooperated with the Government in the prosecution of the leaders of a large drug-smuggling conspiracy.

The appellants, Robert Hamm, Willis Butler, Les Fuller, Dayton Evans, Jr., and Larry Washington...

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