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UNITED STATES v. THOMAS

Nos. 84-2285, 84-2286, 84-2287.

759 F.2d 659 (1985)

UNITED STATES of America, Appellee, v. Carl Wesley THOMAS, Appellant, UNITED STATES of America, Appellee, v. Carl Angelo DeLUNA, Appellant, UNITED STATES of America, Appellee, v. Anthony CHIAVOLA, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1985.

Rehearing and Rehearing Denied May 30, 1985.

Attorney(s) appearing for the Case

David W. Russell, Kansas City, Mo., Oscar B. Goodman, Las Vegas, Nev. and Ronald E. Partee, Kansas City, Mo., Ephraim Margolin, San Francisco, Cal., for appellants.

Edward D. Holmes, Kansas City, Mo., for appellee.

Before BRIGHT, ARNOLD, and BOWMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 30, 1985.

ARNOLD, Circuit Judge.

This is an interlocutory appeal from the order of the District Court1 denying defendants' motion to dismiss an indictment returned against them. Appellants argue that the indictment is barred by the Double Jeopardy Clause of the Fifth Amendment. We hold that the charges alleged in the indictment are not the "same offence" as charges on which defendants...

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