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UNITED STATES v. GARZA

No. 81-2172 Summary Calendar.

674 F.2d 396 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo Richard GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1982.

Attorney(s) appearing for the Case

Sam A. Westergren, Jr., Corpus Christi, Tex., for defendant-appellant.

Anna E. Stool, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RANDALL and WILLIAMS, Circuit Judges.

RANDALL, Circuit Judge:

Hugo Garza appeals a district court ruling denying his motion to dismiss on double jeopardy grounds the indictment against him after a mistrial was declared due to prejudicial evidence admitted at trial. We affirm.

I.

THE FACTS

Hugo Garza, together with his codefendant Glen Morisse, was indicted on November 15, 1979 for violation of federal drug laws. The six-count indictment charged both defendants with conspiracy...

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