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UNITED STATES v. WESTOFF

No. 80-3429.

653 F.2d 1047 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. David Francis WESTOFF, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

August 21, 1981.

Attorney(s) appearing for the Case

Hal Gerber, Memphis, Tenn., Martin S. Gerber, Chicago, Ill., W. Miguel Swanwick, Alexandria, La., for defendant-appellant.

J. Ransdell Keene, U.S. Atty., D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., for plaintiff-appellant.

Before MARKEY, Chief Judge, and GEE and POLITZ, Circuit Judges.

MARKEY, Chief Judge:

Westoff appeals from denial of his motion to dismiss based on the Double Jeopardy Clause of the Fifth Amendment. We affirm.

Background

A first indictment, returned August 24, 1979, did not name Westoff. A first superseding indictment, returned September 21, 1979, named Westoff and others. Count I alleged that between March 1, 1978 and August 10, 1979, the coconspirators conspired...

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