RANDALL, Circuit Judge:
The United States appeals from the dismissal of an indictment with prejudice. For the reasons set forth below, we affirm the dismissal but direct that it be without prejudice.
Factual and Procedural Background.
The defendant, Huey Fulmer, was arrested on July 30, 1982, after a complaint was issued charging him with theft from interstate shipment in violation of 18 U.S.C. § 659 (1982). The complaint stated that...
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