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UNITED STATES v. DIOR

No. 80-1497.

671 F.2d 351 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Maria Ann DIOR, Defendant-Appellee. UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF WASHINGTON, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 15, 1982.

Rehearing Denied June 1, 1982.

Attorney(s) appearing for the Case

Christine McKenna Moore, Seattle, Wash., argued, for plaintiff-appellant; John C. Merkel, U. S. Atty., Seattle, Wash., on brief.

Irwin Schwartz, Federal Public Defender, Seattle, Wash., for defendant-appellee.

Before PREGERSON and POOLE, Circuit Judges, and KARLTON, District Judge.

PREGERSON, Circuit Judge:

The principal question this criminal case requires us to decide is whether an order granting a new trial, after a jury's verdict of guilty, is appealable before retrial.

On May 2, 1978, a federal grand jury returned a three count indictment against appellee, Maria Ann Dior. Count 1 charged her with knowingly smuggling four fur coats into the United States in violation of 18 U.S.C. § 545.1 Count 2...

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