UNITED STATES v. MARTINEZ

Nos. 81-1363, 81-1812 and 81-1862.

667 F.2d 886 (1981)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Franke Eugenio MARTINEZ, a/k/a Frank E. Martin, a/k/a Francisco Martinez, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1981.

Rehearing Denied February 3, 1982.


Attorney(s) appearing for the Case

Sander N. Karp, Karp, Goldstein & Stern, Denver, Colo. (Kenneth H. Padilla, Denver, Colo., with him on the briefs), for defendant-appellant-cross-appellee.

William Coulson, Asst. U. S. Atty., Denver, Colo. (Joseph F. Dolan, U. S. Atty., Robert T. McAllister, Asst. U. S. Atty., Denver, Colo., with him on the briefs), for plaintiff-appellee-cross-appellant.

Before LAY, Chief Judge, GIBSON, Senior Judge, and BRIGHT, Circuit Judge.


LAY, Chief Judge.

Martinez appeals the denial of his motion to dismiss based on prosecutorial and judicial misconduct relating to four counts of an indictment charging possession and mailing of explosives. The government cross-appeals the district court's dismissal of three other counts of the same indictment based on a finding of double jeopardy. For reasons discussed, we dismiss each appeal for lack of jurisdiction.

On November 9, 1973, Martinez was indicted...

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