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UNITED STATES v. KINGTON

No. 85-1743.

801 F.2d 733 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. James L. KINGTON and Don Earney, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 12, 1986.

Attorney(s) appearing for the Case

Patty Merkamp Stemler, Atty., Appellate Section, Crim. Div., Washington, D.C., Marvin Collins, U.S. Atty., William F. Alexander, Asst. U.S. Atty., Dallas, Tex., Kathleen A. Felton, Atty., Appellate Section, Crim. Div., Washington, D.C., for plaintiff-appellant.

Ben L. Krage, Kasmir, Willingham & Krage, Dallas, Tex., for Kington.

Jack Bryant, Tom M. Richards, Abilene, Tex., for Earney.

Before REAVLEY and POLITZ, Circuit Judges, and ROBINSON, District Judge.

Rehearing and Rehearing En Banc Denied November 12, 1986.

REAVLEY, Circuit Judge:

The district court has suppressed bank records on the ground that the government violated the Right to Financial Privacy Act, 12 U.S.C. §§ 3401-3422. The ruling was made after selection and swearing of the jury, the defendants having waived their right to object on double jeopardy grounds to a new trial. We hold that the government is entitled to appeal the court's...

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