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STATE OF N.C. v. CISNEROS

No. 90-5603.

947 F.2d 1135 (1991)

STATE OF NORTH CAROLINA, Plaintiff-Appellant, v. Ernest CISNEROS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 21, 1991.

Attorney(s) appearing for the Case

William Dale Talbert, Asst. Atty. Gen., Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen. of N.C., on brief), for plaintiff-appellant.

Rudolf A. Renfer, Jr., Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Richard B. Conely, Sr., Asst. U.S. Atty., on brief), for defendant-appellee.

Before PHILLIPS and WILKINS, Circuit Judges, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

PHILLIPS, Circuit Judge:

The State of North Carolina has appealed from a judgment of the United States District Court for the Eastern District of North Carolina granting Marine Lance Corporal Ernest Cisneros' petition to remove a state prosecution for vehicular homicide and related offenses to federal court, denying North Carolina's motion to remand to state court, and further granting Cisneros' motion to dismiss the state prosecution. Because the...

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