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UNITED STATES v. VERRUSIO

No. 85-1690.

803 F.2d 885 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. George M. VERRUSIO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 9, 1986.

As Amended October 23, 1986.

Attorney(s) appearing for the Case

Richard Kammen, McClure, McClure & Dammen, Indianapolis, Ind., for defendant-appellant.

Robert Perry, Asst. U.S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

The primary issue presented in this appeal is whether the district court properly denied the defendant's motion to dismiss three counts of an indictment on the ground that those charges violated a prior plea agreement. For the reasons stated below, we will reverse the ruling on the motion to dismiss and remand for further proceedings.

I

In December 1977 George Michael Verrusio was arrested for possession of cocaine...

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