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U.S. v. McMURRY

Nos. 85-2249, 85-2252.

818 F.2d 24 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Wesley McMURRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Tommy Cordon EDWARDS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 23, 1987.

Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender (Richard Winterbottom, Asst. Federal Public Defender, on the brief), Tulsa, Okl., for defendant-appellant James Wesley McMurry.

C. Rabon Martin, Tulsa, Okl., for defendant-appellant Tommy Cordon Edwards.

John S. Morgan, Asst. U.S. Atty. (Layn R. Phillips, U.S. Atty., with him on the briefs), Tulsa, Okl., for plaintiff-appellee.

Before BARRETT, SETH and TACHA, Circuit Judges.

SETH, Circuit Judge.

Defendants-appellants, James Wesley McMurry and Tommy Cordon Edwards, were convicted on one count of conspiracy to possess and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and § 846 in a second trial on the indictment.

Appellants contend that the indictment should have been dismissed after the prosecution deliberately caused a mistrial during the first trial. Appellant Edwards...

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