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U.S. v. DALTON

No. 92-1264.

990 F.2d 1166 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. John William DALTON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 4, 1993.

Attorney(s) appearing for the Case

Michael J. Norton, U.S. Atty., Joseph Mackey, Asst. U.S. Atty., Denver, CO, for plaintiff-appellant.

Michael G. Katz, Federal Public Defender, Charles Szekely, Asst. Federal Public Defender, Denver, CO, for defendant-appellee.

Before LOGAN, MOORE and BRORBY, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff United States appeals the district court's dismissal of an indictment charging defendant John William Dalton with possession of a machine gun in violation of 18 U.S.C. § 922(o). The court dismissed the indictment on double jeopardy grounds, determining that a prior prosecution under 26 U.S.C. § 5861(d) & (e) barred retrial. Under 18 U.S.C. § 3731, the government may appeal such a ruling unless "the double jeopardy...

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