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U.S. v. BAGGETT

No. 89-7845 Non-Argument Calendar.

901 F.2d 1546 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Lonnie C. BAGGETT, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 23, 1990.

Attorney(s) appearing for the Case

W. Gregory Hughes, Mobile, Ala., for defendant-appellant.

J.B. Sessions, III, U.S. Atty. and Richard H. Loftin, Asst. U.S. Atty., Mobile, Ala., for plaintiff-appellee.

Before FAY, HATCHETT and EDMONDSON, Circuit Judges.

PER CURIAM:

Defendant Lonnie C. Baggett, Jr. (Baggett) challenges the district court's denial of his motion to dismiss the charges against him. Baggett contends that jeopardy attached when the jury was sworn in his first trial, during which a plea agreement was reached after the prosecutor made his opening statement, and to subject him to trial again for the same alleged offenses would violate the Fifth Amendment of the United States Constitution. We reject Baggett...

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