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UNITED STATES v. HENRY

No. 80-7619.

661 F.2d 894 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Malcolm HENRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

November 13, 1981.

Attorney(s) appearing for the Case

Paul L. Hanes, Hanes & Young, Atlanta, Ga. (Court-appointed), for defendant-appellant.

William S. Sutton, Charles S. Saphos, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before RONEY, KRAVITCH and ANDERSON, Circuit Judges.

KRAVITCH, Circuit Judge:

Appellant James Malcolm Henry appeals from a district court order denying his motion to dismiss his criminal prosecution for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. Appellant contends that the current prosecution violates the double jeopardy clause of the fifth amendment. The district court rejected this claim. We affirm.

I. Background

On May 1, 1979, a federal grand jury in the Northern District...

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