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UNITED STATES v. STURMAN

Nos. 81-5133, 81-5231.

679 F.2d 840 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Reuben STURMAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joe ZERNIC, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 28, 1982.

Attorney(s) appearing for the Case

Arthur M. Schwartz, Denver, Colo., Bernard A. Berkman, Cleveland, Ohio, for Reuben Sturman.

Berkman, Gordon, Murray & Palda, Bernard A. Berkman, Cleveland, Ohio, for Joe Zernic.

John F. DePue, Washington, D. C., for the U. S.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

VANCE, Circuit Judge:

Reuben Sturman and Joe Zernic appeal the district court's denial of their motion to dismiss a conspiracy indictment on double jeopardy grounds.1 We affirm.

On October 15, 1980 a federal grand jury for the southern district of Florida returned a six count superseding indictment charging Sturman, Zernic, and two named codefendants with violating federal obscenity laws. The first count charged that the four defendants...

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