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U.S. v. HARVEY

No. 93-3574.

78 F.3d 501 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. William J. HARVEY, Jr., a/k/a Billy, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 21, 1996.

Attorney(s) appearing for the Case

William J. Harvey, Jr., Pro se.

Samuel A. Mones, Miami Beach, Florida, Neil M. Schuster, Miami Beach, FL, for Appellant.

Cynthia R. Hawkins, Asst. U.S. Atty., James Glazebrook, Orlando, FL, Tamra Phipps, Paul G. Byron, Asst. U.S. Attys., Tampa, FL, for Appellee.

Before EDMONDSON, Circuit Judge, HILL, Senior Circuit Judge, and MILLS, District Judge.

HILL, Senior Circuit Judge:

In this case, we are asked to determine whether the government's prosecution of William J. Harvey, Jr. violated the double jeopardy and due process clauses of the United States Constitution.1 For the following reasons, we hold that the prosecution violated the double jeopardy clause, and reverse and vacate Harvey's conviction and sentence.2

I. BACKGROUND

On November...

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