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U.S. v. NDAME

No. 95-5058.

87 F.3d 114 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Charles Ndidi NDAME, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, Alexandria, Virginia, for Appellant. Robert Stanley Powell, Arlington, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Jay Apperson, Assistant United States Attorney, Alexandria, Virginia, for Appellant.

Before RUSSELL and WIDENER, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge RUSSELL and Senior Judge MICHAEL joined.

OPINION

WIDENER, Circuit Judge:

Charles Ndame was indicted in April 1994 for conspiracy to distribute heroin in violation of 18 U.S.C. § 846. Ndame was tried on August 29 — September 1, 1994, but the district court declared a mistrial because the jury could not reach...

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