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UNITED STATES v. DAY

No. 86-4356.

806 F.2d 1240 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. John DAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 1986.

Attorney(s) appearing for the Case

John M. Colette, Jackson, Miss., (Court-appointed) for defendant-appellant.

George Phillips, U.S. Atty., Joe M. Hollomon, Asst. U.S. Atty., Jackson, Miss., for plaintiff-appellee.

Before GARWOOD, JOLLY and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

The defendant John Day appeals the district court's dismissal without prejudice of a three count indictment charging him with interstate transportation of money obtained by fraud and conspiracy to transport money obtained through fraud between states. Day contends the dismissal should have been with prejudice because the government had previously obtained two dismissals without prejudice of similar indictments. Because there has...

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