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U.S. v. GOVRO

No. 86-1311.

833 F.2d 135 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James E. GOVRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1987.

Attorney(s) appearing for the Case

Mark J. Bennett, Honolulu, Hawaii, for plaintiff-appellee.

Jack F. Schweigert, Honolulu, Hawaii, for defendant-appellant.

Before CHAMBERS, SNEED and TANG, Circuit Judges.

TANG, Circuit Judge:

James E. Govro appeals the district court's reversal of the magistrate's dismissal of the government's information and the remand of his case for retrial. We have jurisdiction under 28 U.S.C. § 1291. We reverse because further prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment.

FACTS AND PROCEEDINGS

After observing Govro's erratic driving, the Schofield Military Police (MP's) stopped him on suspicion...

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