UNITED STATES v. ENGESSER

No. 85-3119.

788 F.2d 1401 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Oakley Bernard ENGESSER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 30, 1986.


Attorney(s) appearing for the Case

Robert L. Zimmerman, Asst. U.S. Atty., Billings, Mont., for plaintiff-appellee.

Jay F. Lansing, Moses Law Firm, Billings, Mont., for defendant-appellant.

Before WALLACE and THOMPSON, Circuit Judges, and WILKINS, Senior District Judge.


THOMPSON, Circuit Judge:

Oakley Bernard Engesser appeals the denial of his pretrial motions to dismiss his indictment for being a felon in possession of a firearm in violation of 18 U.S.C.App. § 1202(a)(1). Engesser contends that: (1) the federal prosecution violated his right under state law not to be put in jeopardy twice for the same incident or conduct; (2) his 1980 state felony conviction is invalid and thus cannot...

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