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UNITED STATES v. KIMMEL

No. 83-1149.

741 F.2d 1123 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. James David KIMMEL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1984.

Attorney(s) appearing for the Case

R. Michael Burke, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellant.

Benjamin B. Cassiday, III, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellee.

Before WALLACE, FLETCHER and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

The government appeals the district court's dismissal of the indictment against James David Kimmel after this court reversed Kimmel's original conviction and remanded his case for a new trial. The government contends that the district court erred in concluding that retrial of Kimmel would violate Kimmel's due process rights and that the district court abused its discretion in using its supervisory powers to dismiss the indictment. We affirm...

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