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U.S. v. HOPE

No. 88-5443.

861 F.2d 1574 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Alga HOPE, Jr., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 27, 1988.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Richard Scruggs, Linda Collins Hertz, Harriet R. Galvin, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Joseph Paglino, Miami, Fla., for defendant-appellee.

Before TJOFLAT and FAY, Circuit Judges, and FAWSETT, District Judge.

FAY, Circuit Judge:

This is an interlocutory appeal brought by the United States from an order in the district court granting the motion of defendant-appellee Alga Hope, Jr. to dismiss Count I of a five-count indictment. Count I charges the defendant with conspiracy to defraud the United States and to conceal and cover up material facts in a matter within the jurisdiction of an agency or department of the United States, in violation of 18 U.S.C. § 371.

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