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UNITED STATES v. REY

No. 80-1033.

641 F.2d 222 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph J. REY, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied May 4, 1981.

Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 4, 1981.

SAM D. JOHNSON, Circuit Judge:

Appellant Rey brings this interlocutory appeal from the district court's denial of his motion to dismiss the government's indictment against him on grounds of double jeopardy. This Court dismisses the appeal in part and affirms in part.

Rey and co-defendant Lozano were indicted jointly in Count One under 21 U.S.C.A. §§ 841(a)(1) & 846 for conspiracy to...

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