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U.S. v. FELTON

No. 84-3270.

753 F.2d 276 (1985)

The UNITED STATES v. Dean K. FELTON, Nancy E. Bruce, John Zorak a/k/a Johnny, Anthony Serrao a/k/a Buddy, Richard Cox a/k/a Ricky, James Thurman, John Hathorne. Appeal of John HATHORN.

United States Court of Appeals, Third Circuit.

Decided January 16, 1985.

Attorney(s) appearing for the Case

Robert C. Eddins (argued), Pittsburgh, Pa., for appellant John Hathorn.

J. Alan Johnson, U.S. Atty., Paul J. Brysh (argued), Constance M. Bowden, Asst. U.S. Attys., Pittsburgh, Pa., for appellee.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The question for decision is whether appellant would be placed in double jeopardy in violation of the fifth amendment were he to be prosecuted in the Western District of Pennsylvania on a charge of conspiracy to distribute and possess marijuana following a plea of guilty and subsequent sentence in the Northern District of Florida on a similar charge. Appellant argues that the Florida and Pennsylvania activities...

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