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U.S. v. BENNETT

Nos. 93-3958, 93-3959, 93-3984 and 93-3988.

44 F.3d 1364 (1995)

UNITED STATES of America, Appellee, v. Delores BENNETT, Appellant. UNITED STATES of America, Appellee, v. Noble Laverne BENNETT, also known as Turtle, also known as Little Brother, Appellant. UNITED STATES of America, Appellee, v. George DIXON, also known as Willie Mack, also known as Dick, also known as Big Brother, Appellant. UNITED STATES of America, Appellee, v. Darryl GILLESPIE, also known as Hawk, also known as Hawkeye, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 4, 1995.

Rehearing and Suggestion for Rehearing Denied February 13, 1995.

Attorney(s) appearing for the Case

Dorothy Danforth, St. Louis, MO, argued, for Delores Bennett.

James Martin, St. Louis, MO, argued, for Noble Bennett.

Burton Shostak, St. Louis, MO, argued, for George Dixon.

Lawrence Fleming, St. Louis, MO, argued, for Darryl Gillespie.

Sam Bertolet, Asst. U.S. Atty., St. Louis, MO, argued (Dean Hoag, Asst. U.S. Atty., on the brief), for appellee.

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 13, 1995 in No. 93-3958.

WOLLMAN, Circuit Judge.

This is an interlocutory appeal from an order of the district court1 denying defendants' motion to dismiss an indictment returned against them. Appellants argue that the indictment is barred by the Double Jeopardy Clause of the Fifth Amendment. We hold that the charges alleged in the indictment are not the "same offence...

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