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U.S. v. BESZBORN

No. 92-2747.

21 F.3d 62 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. James Daniel BESZBORN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 18, 1994.

Attorney(s) appearing for the Case

James L. Turner, Paula Offenhauser and Jimmy Sledge, Jr., Asst. U.S. Attys., Lawrence D. Finder, Acting U.S. Atty., Houston, TX, for appellant.

Wendell A. Odom, Jr. Schaffer, Lambright, Odom & Sparks, Houston, TX, for Westmoreland.

Bohn E. Phillips, Houston, TX (Court-Appointed), for Schehin.

Larry Veselka, (Court-Appointed) Harold A. Odom, III, Houston, TX, for Purdom.

Alexander Bunin, Houston, TX (Court-Appointed), for Blanchard.

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

Before GARWOOD and BARKSDALE, Circuit Judges, and SHAW, District Judge.

SHAW, District Judge:

OPINION

The Government appeals the district court's decision granting defendants' motions and dismissing the indictment on the basis of pre-indictment delay and double jeopardy. We reverse and remand.

Facts and Proceedings Below

The Government charged five defendants, James Daniel Beszborn, Joseph Westmoreland, James Purdom, Michael Blanchard, and Martin Schehin with participating in a scheme to defraud...

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