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U.S. v. GARCIA

No. 90-1190.

919 F.2d 881 (1990)

UNITED STATES of America, Appellant, v. GARCIA, Felipe Manual Torres a/k/a Felipe Manuel, Felipe Garcia, Felipe Torres, Carlos Carballo, Luis M. Torres.

United States Court of Appeals, Third Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Frank R. Costello, Jr. (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellant.

William A. DeStefano, Christopher D. Warren (argued), Conrad, O'Brien, Gellman, DeStefano & Rohn, Philadelphia, Pa., for appellee.

Before STAPLETON, COWEN, and WEIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal, the government seeks to overturn the district court's dismissal of two counts of a criminal indictment. The government contends that the district court erred in holding that consideration of the offenses here in question at a prior sentencing created a double jeopardy bar to this prosecution. The defendant counters that "the Federal Sentencing Guidelines...

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