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UNITED STATES v. GOODAY

No. 82-1412.

714 F.2d 80 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard GOODAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

Gary S. Kneip, Tucson, Ariz., for defendant-appellant.

Rhonda L. Repp, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before FAIRCHILD, HUG, and FARRIS, Circuit Judges.

HUG, Circuit Judge:

Gooday appeals a pretrial order denying his motion to dismiss, on double jeopardy grounds, the indictment pending against him. Appellate jurisdiction exists under Abney v. United States, 431 U.S. 651, 662, 97 S.Ct. 2034, 2041, 52 L.Ed.2d 651 (1977).

Gooday was tried under a one-count indictment for first-degree murder. At Gooday's request, the jury was instructed on the lesser included offenses of...

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