UNITED STATES v. LAMOUREUX

No. 83-1040.

711 F.2d 745 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip LAMOUREUX, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 20, 1983.


Attorney(s) appearing for the Case

Frank S. Spies (argued), Grand Rapids, Mich., for defendant-appellant.

John A. Smietanka, U.S. Atty., Thomas J. Gezon (argued), Grand Rapids, Mich., for plaintiff-appellee.

Before KENNEDY and MARTIN, Circuit Judges, and WEICK, Senior Circuit Judge.


PER CURIAM.

Phillip Lamoureux challenges the denial of his motion to dismiss the indictment. He was indicted and subsequently convicted by a jury of conspiracy to manufacture and distribute cocaine, was sentenced to five years probation under the Youth Corrections Act, and was fined $2,500. On the morning of trial, his attorney moved to dismiss the indictment because portions of testimony before the grand jury had been lost. The motion was denied and the trial proceeded...

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