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UNITED STATES v. PASSMORE

No. 81-1240 Summary Calendar.

671 F.2d 915 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Grant PASSMORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 26, 1982.

Attorney(s) appearing for the Case

Victor Sherman, Los Angeles, Cal., for defendant-appellant.

Sidney Powell, Asst. U. S. Atty., San Antonio, Tex., David B. Smith, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before RUBIN, SAM D. JOHNSON and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant Passmore appeals from the district court's order denying his motion to dismiss the indictment against him on grounds of double jeopardy. We affirm.

Passmore and John Dorr were charged with, and following a trial by jury convicted of, conspiracy to import marihuana into the United States from the Republic of Mexico, conspiring to possess marihuana with intent to distribute it, and aiding and abetting themselves and other conspirators...

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