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U.S. v. CROUCH

No. 93-7719.

84 F.3d 1497 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. A. Guy CROUCH, III and Michael J. Frye, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 30, 1996.

Attorney(s) appearing for the Case

Guy L. Womack, Houston, TX, Paula Camille Offenhauser, James Lee Turner, Gaynelle Griffin Jones, U.S. Attorney's Office, Houston, TX, for plaintiff-appellant.

Jimmy L. Phillips, Jr., Angleton, TX, Neil Colman McCabe, Houston, TX, for Crouch.

William Edward King, Kemah, TX, Theo W. Pinson, Pinson & Associates, Houston, TX, for Frye.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

GARWOOD, Circuit Judge:

In this prosecution for alleged savings and loan offenses, the district court, prior to trial, dismissed the indictment against Guy Crouch III (Crouch) and Michael Frye (Frye) for pre-indictment delay, notwithstanding that the statute of limitations had not run. United States v. Crouch, 835 F.Supp. 938 (S.D.Tex.1993). The government appeals.

The district court, following a hearing before...

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