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U.S. v. UCCIFERRI

Nos. 90-3828, 90-3928.

960 F.2d 953 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Nickandro Phillip UCCIFERRI, a/k/a Nick Ucciferri, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 18, 1992.

Attorney(s) appearing for the Case

Daniel N. Brodersen, Karla Spaulding, Linda J. McNamara, Asst. U.S. Attys., Orlando, Fla., for plaintiff-appellant.

Ed Leinster, Orlando, Fla., for Ucciferri.

Before ANDERSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

This appeal presents a single issue: May a district court dismiss a federal indictment because the case has been investigated primarily by state authorities and because there may be state constitutional protections available to the defendant in state court that are not available in federal court? We hold that an indictment may not be dismissed for these reasons.

I. FACTS AND PROCEDURAL HISTORY

In July 1990, a federal grand jury returned...

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