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U.S. v. MARDEN

No. 88-3594. Summary Calendar.

872 F.2d 123 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jay W. MARDEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1989.

Attorney(s) appearing for the Case

Jay R. Moskowitz, Sands & Moskowitz, Coconut Grove, Fla., for defendant-appellant.

Harold J. Gilbert, Jr., John P. Volz, U.S. Atty., New Orleans, La., Frank J. Marine, Sp. Counsel to Chief Organized Crime and Racketeering Sec., Crim. Div., Justice Dept., Washington, D.C., for plaintiff-appellee.

Before RUBIN, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Jay W. Marden (Marden) appeals the district court's partial denial of his motion to dismiss the indictment against him on double jeopardy grounds. We affirm the court's ruling, holding that the Fifth Amendment is not offended when an individual is tried for attempt to commit acts for which he has previously been convicted of conspiracy to commit in violation of 21 U.S.C. §§ 952 and 960, and 21 U.S.C. § 841...

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