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U.S. v. DURENBERGER

No. 94-3105.

48 F.3d 1239 (1995)

UNITED STATES of America, Appellee, v. David F. DURENBERGER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1995.

Attorney(s) appearing for the Case

Carter G. Phillips, Washington, DC, argued the cause, for appellant. With him on the briefs were Mark D. Hopson, Thomas C. Green, and Jonathan E. Nuechterlein, Washington, DC, Doris S. Finnerman, Washington, DC, entered an appearance for appellant.

Raymond N. Hulser, Atty., U.S. Dept. of Justice, Washington, DC, argued the cause, for appellee. With him on the brief was Jackie M. Bennett, Jr., Atty., U.S. Dept. of Justice, Washington, DC.

Before: RANDOLPH, ROGERS, and TATEL, Circuit Judges.

RANDOLPH, Circuit Judge:

On July 21, 1992, a federal grand jury returned a two-count indictment against David F. Durenberger, then a Senator from Minnesota. This is an appeal by the former Senator of two district court orders denying his motions to dismiss the indictment. The appeal is interlocutory, and the government questions our jurisdiction. We resolve the jurisdictional issues against the government, but agree with it and with the district court that this prosecution...

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