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UNITED STATES v. WORTHEY

No. 83-1539.

736 F.2d 1429 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Walter David WORTHEY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 19, 1984.

Attorney(s) appearing for the Case

Carter G. Phillips, Asst. to the Sol. Gen., Dept. of Justice, Washington, D.C. (Gary L. Richardson, U.S. Atty., Donn F. Baker, Asst. U.S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellant.

Jerry C. Connell, Littleton, Colo., for defendant-appellee.

Before SETH, Chief Judge, and BREITENSTEIN and SEYMOUR, Circuit Judges.

SETH, Chief Judge.

This is an appeal by the Government from the dismissal of an indictment under 18 U.S.C. § 2314 as being in violation of a plea agreement or in retaliation for what the trial court described as "defendant's unsuccessful attempt to plead guilty to a misdemeanor for which there was no factual evidentiary basis."

An investigation was being conducted by the FBI and the United States Attorney in the Eastern District of Oklahoma. This included...

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