No. 82-3008.

709 F.2d 1383 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Steve SCHAEFER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 18, 1983.

Attorney(s) appearing for the Case

Terrance A. Bostic, Asst. U.S. Atty., Tampa, Fla., Carolyn L. Gaines, Atty., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Edwin Mulock, Bradenton, Fla., James Birkhold, Bradenton, Fla., for defendant-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

RONEY, Circuit Judge:

The government appeals the dismissal of an indictment for conspiracy, importation and possession of marijuana because the government deported prior to trial and prior to any defense questioning an illegal alien who was a prospective witness in defendant's trial. The district court rendered its decision after our decision in United States v. Avila-Dominguez, 610 F.2d 1266 (5th Cir.), cert. denied,

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