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U.S. v. MIZE

No. 86-2353.

820 F.2d 118 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Catherine MIZE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 14, 1987.

Attorney(s) appearing for the Case

Mark Stevens, Buddy Stevens, Angleton, Tex., for defendant-appellant.

Maury S. Epner, Atty., Washington, D.C., Henry K. Oncken, U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, WILLIAMS, and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 14, 1987.

WISDOM, Circuit Judge:

This case comes before us for a second time. On the first appeal, we reversed the conviction of the defendant, Mary Mize, because of a constructive amendment of the indictment at trial 756 F.2d 353. After being reindicted and retried, Mize appeals her second conviction, contending that her second trial was prohibited by the double jeopardy clause...

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