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U.S. v. PEREZ

No. 94-60788.

70 F.3d 345 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Gloria PEREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 21, 1995.

Attorney(s) appearing for the Case

J.R. "Bobby" Flores, McAllen, TX, for Appellant.

Joseph D. Wilson, U.S. Dept. of Justice, Washington, DC, Kathlyn G. Snyder, Paula C. Offenhauser, Asst. U.S. Attys., Gaynell Griffin Jones, U.S. Atty., Houston, TX, for Appellee.

Before KING, SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This matter involves a challenge to a continuing prosecution as a violation of the Double Jeopardy Clause of the Fifth Amendment. The district court denied a motion to dismiss the indictment. Concluding that the prosecution violates the Double Jeopardy Clause, we reverse and remand with instructions to dismiss the indictment.

I.

Defendant Gloria Perez and her four children entered the United States in a private vehicle...

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