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U.S. v. FOUMAI

No. 89-10124.

910 F.2d 617 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. John U. FOUMAI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1990.

As Amended September 24, 1990.

Attorney(s) appearing for the Case

Thomas W. Murphy, Asst. Federal Public Defender, Honolulu, Hawaii, for defendant-appellant.

Janet H. Fenton, Sp. Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

FARRIS, Circuit Judge:

John U. Foumai appeals the district court's withdrawal of its order reversing one of two misdemeanor convictions. Foumai argues that the withdrawal order placed him in double jeopardy.

FACTS

Foumai was convicted by a United States Magistrate on charges of driving without insurance and driving with a suspended license. Both are violations of Hawaii statutes that are incorporated into federal law pursuant to the Assimilative...

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