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U.S. v. PEREZ-HERRERA

No. 96-1023.

86 F.3d 161 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Osmay PEREZ-HERRERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 10, 1996.

Attorney(s) appearing for the Case

John Hutchins, Assistant United States Attorney (Henry L. Solano, United States Attorney, and Joseph T. Urbaniak, Jr., OCDETF Coordinator, Assistant United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.

Jeralyn E. Merritt, Denver, Colorado, for Defendant-Appellant.

Before BALDOCK, BRORBY, and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Osmay Perez-Herrera appeals the district court's order deferring ruling on his Motion to Bar Prosecution on Double Jeopardy grounds. We exercise jurisdiction under 28 U.S.C. § 1291, and the collateral order exception to the final-judgment rule, Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), and remand for further proceedings consistent with this opinion.

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