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UNITED STATES v. KOSTADINOV

No. 1133, Dockets 84-1042, 84-1092.

734 F.2d 905 (1984)

UNITED STATES of America, Appellant, v. Penyu Baychev KOSTADINOV, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Ruth Glushien Wedgwood, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., Paul Shechtman, Asst. U.S. Atty., New York City, of counsel), for appellant.

Martin Popper, New York City (John Mage, Wolf, Popper, Ross, Wolf & Jones, New York City, of counsel), for defendant-appellee.

Before TIMBERS and PRATT, Circuit Judges, and METZNER, District Judge.

METZNER, District Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, dismissing an espionage indictment against the appellee on the ground that the defendant is fully immune from the criminal jurisdiction of the United States by virtue of diplomatic immunity. Vienna Convention on Diplomatic Relations, 23 U.S.T. 3227, T.I.A.S. No. 7502, 500 U.N.T.S. 95, and 22 U.S.C...

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