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U.S. v. GARTNER

No. 95-50072.

93 F.3d 633 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Michael GARTNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 23, 1995.

Resubmitted July 18, 1996.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Paul Potter, Potter, Cohen and Samulon, Pasadena, California, for defendant-appellant.

David J. Schindler and Debra A. Yang, Assistant United States Attorneys, Los Angeles, California, for plaintiff-appellee.

Before: POOLE, BOOCHEVER, and O'SCANNLAIN, Circuit Judges.

POOLE, Circuit Judge:

Michael Gartner appeals interlocutorily the district court's denial of his motion to dismiss his criminal indictment on double jeopardy grounds. "A district court's denial of a motion to dismiss an indictment on double jeopardy grounds is reviewed de novo." United States v. Chick, 61 F.3d 682, 686 (9th Cir.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 1416, 134 L.Ed.2d 542 (1996). We have jurisdiction...

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