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U.S. v. KRESS

No. 94-4091.

58 F.3d 370 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Lamont D. KRESS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Alan P. Caplan, San Francisco, CA, argued, for appellant.

Michael G. Heavican, Omaha, NE, argued (Thomas J. Monaghan, on the brief) for appellee.

Before WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE, Senior District Judge.

BOGUE, Senior District Judge.

Lamont Kress appeals from the district court's1 interlocutory order denying his motion to dismiss one count of a multi-count indictment. For reversal, Kress argues his double jeopardy rights would be violated if he is tried on this count in that he was previously acquitted of the same. Because we believe the issue has been waived, we affirm.

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