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UNITED STATES v. MIDDLETON

No. 81-1712.

673 F.2d 31 (1982)

UNITED STATES of America, Appellant, v. Clifton Ray MIDDLETON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 19, 1982.

Rehearing Denied August 10, 1982.

Attorney(s) appearing for the Case

Jay P. McCloskey, Asst. U. S. Atty., Bangor, Me., with whom Richard S. Cohen, U. S. Atty., Portland, Me., was on the brief for appellant.

Arthur W. Tifford, Miami, Fla., for defendant, appellee.

Before COFFIN, Chief Judge, TIMBERS, Circuit Judge, and BREYER, Circuit Judge.

TIMBERS, Circuit Judge.

On this appeal from a judgment entered in the District of Maine, Edward T. Gignoux, Chief Judge, the question presented is whether the district court correctly dismissed a substantive count of an indictment on the ground that prosecution of that count was barred under the double jeopardy clause of the Fifth Amendment because of the government's prosecution of defendant on similar charges in the Southern District of Florida without clearly...

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