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U.S. v. McKINLEY

No. 93-10754.

38 F.3d 428 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Joseph McKINLEY; Seamus Moley, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1994.

Attorney(s) appearing for the Case

David Taylor Shannon, Asst. Federal Public Defender, Tucson, AZ, for defendant-appellant Kevin Joseph McKinley.

D. Jesse Smith, Tucson, AZ, for defendant-appellant Seamus Moley.

Robert L. Miskell, Asst. U.S. Atty., Tucson, AZ, and Sean Connelly, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Kevin McKinley and Seamus Moley appeal the district court's order denying their motions to dismiss the indictment brought against them in Arizona. They assert that the indictment subjects them to double jeopardy and that it is vindictive. In it the grand jury has charged them with placing explosive materials in a motor vehicle employed in interstate commerce (18 U.S.C. § 33); shipping explosive...

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