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U.S. v. SELEY

No. 91-10211.

957 F.2d 717 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. John Allen SELEY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1992.

Attorney(s) appearing for the Case

Patty M. Stemler, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Donn S. Alpert, Tucson, Ariz., for defendant-appellee.

Before GOODWIN, FLETCHER and BRUNETTI, Circuit Judges.

FLETCHER, Circuit Judge:

John Allen Seley was indicted on three counts: possession of marijuana with intent to distribute, importation of marijuana, and conspiracy to import marijuana. A jury acquitted Seley on the first two counts, but hung on the conspiracy count. Following trial, the district court ruled that on retrial of the conspiracy charge, evidence relating to the possession and importation charges would be barred by collateral estoppel, and that without...

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