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UNITED STATES v. BROCE

Nos. 83-2558, 83-2559.

753 F.2d 811 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Ray C. BROCE and Broce Construction Company, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 9, 1985.

Attorney(s) appearing for the Case

John P. Fonte, Dept. of Justice, Washington, D.C. (John J. Powers, III, Dept. of Justice; J. Paul McGrath, Asst. Atty. Gen., Charles F. Rule, Deputy Asst. Atty. Gen., Washington, D.C.; Judy Whalley, Mary Jones, Dept. of Justice, Chicago, Ill., with him on brief), for plaintiff-appellee.

Glenn E. Casebeer, II, Coffeyville, Kan. (Curt T. Schneider, Coffeyville, Kan., with him on brief), of Schneider & Casebeer, Coffeyville, Kan., for defendants-appellants.

Before SETH and DOYLE, Circuit Judges, and BOHANON, Senior District Judge.

BOHANON, District Judge.

Broce Construction Co. and Ray C. Broce (hereinafter "defendants") appeal from an order of the United States District Court for the District of Kansas denying their motion to vacate the judgment and sentence entered by that court March 15, 1981, in one of the two cases combined here on appeal. Defendants claim that the judgment and sentence in question are in violation of the Double Jeopardy Clause of the United States Constitution. The district...

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