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U.S. v. SMITH

No. 95-1568.

75 F.3d 382 (1996)

UNITED STATES of America, Appellee, v. Dean J. SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1996.

Attorney(s) appearing for the Case

Joe A. Johnson, Fargo, ND, argued, for appellant.

Keith W. Reisenauer, Asst. U.S. Atty., Fargo, ND, argued, for appellee.

Before WOLLMAN, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Dean J. Smith appeals from his conviction for distributing methamphetamine, arguing that the criminal proceeding against him subjected him to double jeopardy in violation of the Fifth Amendment to the United States Constitution. We affirm the district court.1

I.

On September 21, 1994, the United States filed an indictment charging Mr. Smith with two counts of distributing methamphetamine...

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