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U.S. v. DYAL

No. 88-3332.

868 F.2d 424 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Bobby Glenn DYAL, a/k/a Robert Dyal, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 24, 1989.

Attorney(s) appearing for the Case

Robert W. Merkle, U.S. Atty., Susan M. Daltuva, Asst. U.S. Atty., Tampa, Fla., Robert J. Erickson, John F. DePue, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Peter D. Ringsmuth, Dennis J. Rehak, Ft. Myers, Fla., for defendant-appellee.

Before FAY and KRAVITCH, Circuit Judges, and LYNNE, Senior District Judge.

KRAVITCH, Circuit Judge:

A federal grand jury indicted defendant-appellee Bobby Glenn Dyal on three counts of mailing threatening letters, in violation of 18 U.S.C. § 876. Dyal moved to dismiss the indictment with prejudice on the ground that the dismissal, two years earlier, of a criminal complaint alleging the same offenses bars this prosecution. The district court granted the motion, and the government appeals. Concluding that the district court abused its...

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