UNITED STATES v. GENSER

No. 82-2458.

710 F.2d 1426 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Howard Eric GENSER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 1, 1983.


Attorney(s) appearing for the Case

Joseph Saint-Veltri, Denver, Colo., for defendant-appellant.

J. Stephen Miller, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, DOYLE, and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

This appeal raises an issue of successive prosecutions under the Controlled Substances Act, 21 U.S.C. § 841(a)(1) (1976), in violation of the Double Jeopardy Clause of the Fifth Amendment. Defendant Genser's direct appeal of the lower court's denial of his motion to dismiss on double jeopardy grounds is brought under the doctrine of Abney v. United States, 431 U.S. 651<...

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