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U.S. v. RIVERA

No. 95-3126.

77 F.3d 1348 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel RIVERA, a/k/a Swan, a/k/a Gambit, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 20, 1996.

Attorney(s) appearing for the Case

Charles M. Harris, Asst. Federal Public Defender, Ft. Myers, FL, for appellant.

Charles M. Wilson, U.S. Atty., Jeffrey Michelland, Asst. U.S. Atty., Ft. Myers, FL, Susan H. Rothstein, Asst. U.S. Atty., Tamra Phipps, Chief, Appellate Division, Tampa, FL, for appellee.

Before ANDERSON and BLACK, Circuit Judges, and FAY, Senior Circuit Judge.

PER CURIAM:

Appellant Miguel Rivera challenges the district court's denial of his motion to dismiss the indictment on grounds of double jeopardy and collateral estoppel. We affirm.

I. BACKGROUND

Appellant was indicted on one count of possessing a firearm as a felon1 in violation of 18 U.S.C. § 922(g)(1). Appellant is the alleged leader of the "Latin Kings" gang in Ft. Myers. On August 12, 1994, Appellant accompanied...

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