No. 88-1511.

857 F.2d 1392 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Donald R. DANIELS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 23, 1988.

Attorney(s) appearing for the Case

John S. Morgan, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., with him on the brief), Tulsa, Okl., for plaintiff-appellee.

Philip K. Blough II, Tulsa, Okl., for defendant-appellant.

Before HOLLOWAY, Chief Judge, and BRORBY and McWILLIAMS, Circuit judges.

McWILLIAMS, Circuit Judge.

In a one-count indictment filed on June 4, 1987, Donald Daniels and Larry Kochevar were charged with conspiracy to manufacture amphetamine in violation of 21 U.S.C. § 846. Daniels filed a motion to dismiss based on double jeopardy grounds. After several hearings, the district court denied Daniels' motion.* Daniels appeals. See Abney v. United States, 431 U.S. 651, 97...

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