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U.S. v. BROPHIL

No. 49, Docket 95-1708.

96 F.3d 31 (1996)

UNITED STATES of America, Appellant, v. Brian BROPHIL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 12, 1996.

Attorney(s) appearing for the Case

Charles R. Tetzlaff, United States Attorney for the District of Vermont, Burlington, Vermont (David V. Kirby, Chief, Criminal Division, James J. Gelber, Assistant United States Attorney, Burlington, Vermont, of counsel), for Appellant.

Reiber, Kenlan, Schwiebert, Hall & Facey, Rutland, Vermont (Peter W. Hall, W. Andrew Hazelton, Rutland, Vermont, of counsel), for Defendant-Appellee.

Before: MESKILL, KEARSE, and MAHONEY, Circuit Judges.

PER CURIAM:

The United States appeals from a final judgment of the United States District Court for the District of Vermont, Franklin S. Billings, Jr., Judge, vacating on double jeopardy grounds a judgment that convicted defendant Brian Brophil of the manufacture of marijuana in violation of 21 U.S.C. § 841(a)(1) (1994), and dismissing the indictment against him. The conviction, entered after Brophil's plea of guilty, followed the government's successful...

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