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U.S. v. DEERMAN

No. 87-3033.

837 F.2d 684 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Keith DEERMAN and Francis G. Kinney, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

Robert Glass, Arthur A. Lemann, III, New Orleans, La., for defendants-appellants.

Patty Merkamp Stemler, Atty., Dept. of Justice, Crim. Div./Appellate Section, Washington, D.C., for plaintiff-appellee.

Before CAROLYN DINEEN KING and DAVIS, Circuit Judges, and PARKER, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Appellants and others were tried on multiple charges relating to a scheme to introduce a large quantity of marijuana into the country. The jury acquitted appellants on two counts of the indictment and failed to agree on two other counts. The government then filed a superceding indictment against appellants that appellants sought to dismiss on grounds of double jeopardy and collateral estoppel. The district court denied appellants' pretrial...

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