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U.S. v. WITTIE

No. 93-2245.

25 F.3d 250 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Steven Kurt WITTIE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 23, 1994.

Attorney(s) appearing for the Case

Peggy M. Ronca, Paula C. Offenhauser, Asst. U.S. Attys., Lawrence D. Finder, U.S. Atty., Houston, TX, for appellant.

Thomas S. Berg, Roland E. Dahlin, II, Federal Public Defender, David Gerger, Asst. Federal Public Defender, Houston, TX, for appellee.

Before HIGGINBOTHAM and WIENER, Circuit Judges; KAUFMAN, District Judge.

WIENER, Circuit Judge:

Plaintiff-Appellant the United States (the government) appeals the district court's dismissal of its two-count indictment that charged Defendant-Appellee Steven Kurt Witte1 with conspiracy and attempt to import 1,091 kilograms of cocaine into the United States. The district court dismissed the indictment on grounds that punishment for the indicted offense would violate the multiple punishments prong of the Double...

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