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U.S. v. HARVEY

No. 87-5051.

848 F.2d 1547 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry Lee HARVEY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 14, 1988.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Thomas L. Fink, Sp. Atty., U.S. Dept. of Justice, Roger M. Olsen, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Gary R. Allen, Chief, Appellate Section, Robert E. Lindsay, Alan Hechtkopf, Washington, D.C., for plaintiff-appellant.

Leonard Alan Sands, Coconut Grove, Fla., for defendant-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge:

The United States appeals the dismissal of an indictment charging appellee with income tax evasion and filing a false income tax return. The district court dismissed the indictment on the ground that it violated the government's grants of transactional and use immunity to the appellee in a prior drug case. We affirm.

I

On November 27, 1985, a grand jury in the Southern District...

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