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UNITED STATES v. WILLIAMS

No. 81-6449.

674 F.2d 310 (1982)

UNITED STATES of America, Appellant, v. Michael D. WILLIAMS, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1982.

Attorney(s) appearing for the Case

Marye L. Wright, Asst. U. S. Atty., Charleston, W. Va. (Wayne A. Rich, Jr., U. S. Atty., Charleston, W. Va., on brief), for appellant.

Michael T. Clifford, Charleston, W.Va., for appellee.

Before WINTER, Chief Judge, and ERVIN and CHAPMAN, Circuit Judges.

WINTER, Chief Judge:

This is an appeal from an order of the district court denying a post-judgment motion made by the government. The district court had previously ordered that Michael Williams, a prisoner incarcerated in federal prison in West Virginia, be released unless the government chose within sixty days to retry him. We affirm.

I.

Williams was convicted in 1973 of distributing heroin, a violation of 21 U.S.C. § 841(a)(1). This court...

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