U.S. v. GERMAN

No. 95-2162.

76 F.3d 315 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Curtis GERMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 21, 1996.


Attorney(s) appearing for the Case

John J. Kelly, United States Attorney, and Kelly H. Burnham, Assistant United States Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee.

Joseph (SIB) Abraham, Jr., El Paso, Texas, for Defendant-Appellant.

Before KELLY and BARRETT, Circuit Judges, and O'CONNOR, Senior District Judge.


EARL E. O'CONNOR, Senior District Judge.

The defendant, Daniel Curtis German, was indicted for possession with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(B). He appeals from the district court's order denying his motion to dismiss the indictment on double jeopardy grounds. We find that we have jurisdiction of this appeal and affirm.1

I. Background

The relevant...

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