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U.S. v. BENEFIELD

No. 88-8211.

874 F.2d 1503 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Steve BENEFIELD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 8, 1989.

Attorney(s) appearing for the Case

William L. Summers and Todd T. Armanini, Cleveland, Ohio, for defendant-appellant.

Wilmer Parker, III, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before RONEY, Chief Judge, HILL, Circuit Judge, and MARCUS, District Judge.

MARCUS, District Judge:

Defendant Herbert Steven Benefield appeals from the district court's denial of his amended motion to dismiss Count I of the Indictment and its failure to conduct a pretrial evidentiary hearing on his nonfrivolous double jeopardy claim. On this record, we hold that the district court erred in refusing the request for a hearing and we remand for that purpose.

I. Facts

a. Galveston Indictment

On November...

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