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U.S. v. HOGUE

No. 85-7518.

812 F.2d 1568 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Spencer HOGUE, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 30, 1987.

Attorney(s) appearing for the Case

Richard D. Horne, Hess, Atchison & Horne, Mobile, Ala., C. Lani Guinier, New York City, Deval L. Patrick, Hill & Barlow, Boston, Mass., for defendant-appellant.

J.B. Sessions, III, U.S. Atty., E.T. Rolison, Jr., Asst. U.S. Atty., Mobile, Ala., for plaintiff-appellee.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and DOYLE, Senior District Judge.

DOYLE, Senior District Judge:

This is an appeal from a district court order denying a motion to dismiss, on grounds of collateral estoppel, an indictment charging appellant Hogue with endeavoring to obstruct justice, in violation of 18 U.S.C. § 1503.1 Hogue contends a factual issue predicate to a conviction of the crime charged in the present indictment was decided in his favor in an earlier criminal prosecution in which he was acquitted...

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