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U.S. v. DESHAW

No. 91-3131.

974 F.2d 667 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Ricou DESHAW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

Chris J. Mancini, Miami, Fla., for defendant-appellant.

Peter M. Thomson, Peter G. Strasser, Asst. U.S. Attys., and Harry Rosenberg, U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before POLITZ, Chief Judge, WILLIAMS and DUHÉ, Circuit Judges.

POLITZ, Chief Judge:

In this permitted interlocutory appeal Ricou Deshaw challenges the denial of his motion to dismiss the indictment against him on the grounds that it violates the double jeopardy clause of the fifth amendment. We affirm in part and reverse in part.

Background

On June 1, 1989, a grand jury sitting in the Southern District of Alabama returned an eighteen count indictment against Deshaw and twenty-two other defendants. Drafted...

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