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U.S. v. COUNCIL

No. 91-5145.

973 F.2d 251 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert COUNCIL, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1992.

As Amended September 3, 1992.

Order on Rehearing November 5, 1992.

Attorney(s) appearing for the Case

John Lloyd Coble, Murchison, Taylor, Kendrick, Gibson & Davenport, Wilmington, N.C., argued, for defendant-appellant.

Richard Bruce Conely, Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., Robert D. Potter, Jr., Asst. U.S. Atty., on brief), for plaintiff-appellee.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

BUTZNER, Senior Circuit Judge:

In a prosecution against Robert L. Council, Jr., the district court granted Council's motion for a judgment of acquittal on counts eight and twelve of the indictment as a sanction for the prosecutor's violation of Federal Rule of Criminal Procedure 16. At the close of the evidence, it granted a judgment of acquittal of count ten because of multiplicity. The court below declared a mistrial while the jury was considering...

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