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UNITED STATES v. EMBER

No. 83-5148X.

726 F.2d 522 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Bonnie Joyce EMBER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 21, 1984.

As Modified on Denial of Rehearing May 15, 1984.

Attorney(s) appearing for the Case

Paul Caruso, Beverly Hills, Cal., for defendant-appellee.

Jeffrey Modisett, Los Angeles, Cal., for plaintiff-appellant.

Before SNEED and SCHROEDER, Circuit Judges, and CROCKER, District Judge.

SNEED, Circuit Judge:

The government appeals from a district court judgment of acquittal. We dismiss the appeal because further prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment.

I.

FACTS

The government charged appellee Bonnie Joyce Ember in a two count indictment with importation and possession with intent to distribute of approximately 530 grams of cocaine in violation of 21 U.S.C. §§ 841(a)(1), 952...

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