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UNITED STATES v. TAMMARO

No. 79-2899.

636 F.2d 100 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Pasquale TAMMARO and Joseph Jeff McCranie, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 5, 1981.

Attorney(s) appearing for the Case

Kerry J. Nahoom, Fort Lauderdale, Fla., for Tammaro.

Theodore S. Worozbyt, Atlanta, Ga., for McCranie.

William L. McCulley, Dept. of Justice, Atlanta, Ga., for plaintiff-appellee.

Before TUTTLE, VANCE and POLITZ, Circuit Judges.

VANCE, Circuit Judge:

This is an appeal by Patrick Pasquale Tammaro and Joseph Jeff McCranie from the district court's denial of motions to dismiss a conspiracy indictment on double jeopardy grounds.1 Because we find that appellants' earlier trial involved a different conspiracy than that charged in the indictment under review, we affirm.

In 1979 an indictment was returned against appellants Tammaro and McCranie, and other defendants...

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