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UNITED STATES v. RUPPEL

No. 83-2380 Summary Calendar.

724 F.2d 507 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. John RUPPEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 7, 1984.

Attorney(s) appearing for the Case

Robert W. Ritchie, Richard A. Hamra, II, Knoxville, Tenn., for defendant-appellant.

Robert J. Wortham, U.S. Atty., Beaumont, Tex., Sidney M. Glazer, Acting Chief, Robert J. Erickson, Deputy Chief, Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before REAVLEY, RANDALL and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 7, 1984.

PER CURIAM:

John Ruppel was convicted in May 1980 of conspiring to violate the drug laws and of possession of marijuana with intent to distribute. 21 U.S.C. §§ 841, 846 (1976 & Supp.1981). Among the eight claims asserted in Ruppel's direct appeal was that of prosecutorial vindictiveness. Ruppel argued that the Government violated due process when it reindicted him to bring the conspiracy and...

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