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U.S. v. KRESS

No. 95-4038.

88 F.3d 664 (1996)

UNITED STATES of America, Appellee, v. Lamont D. KRESS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Alan P. Caplan, San Francisco, CA, argued, for appellant.

Nancy A. Svoboda, Asst. U.S. Atty., Omaha, NE, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and HANSEN, Circuit Judges.

WOLLMAN, Circuit Judge.

This is an interlocutory appeal from the district court's1 order denying Lamont Kress's motion to dismiss an indictment filed against him on the basis that it violated the Double Jeopardy Clause of the Fifth Amendment. We affirm.

I.

On October 17, 1990, the government executed a search on Kress's residence and seized seven firearms. This is Kress's third appeal to this court regarding the superseding...

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