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PEOPLE v. MEZY

Docket Nos. 101689, 102274, Calendar No. 13.

551 N.W.2d 389 (1996)

453 Mich. 269

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Basil MEZY, Defendant-Appellee. PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Issam HERMIZ, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Robert C. Williams, Assistant Prosecuting Attorney, Pontiac, for the people.

Laurence R. Imerman, Bingham Farms, for defendant Mezy.

Domnick J. Sorise, Clinton Township, for defendant Hermiz.

Michael D. Thomas, President, Prosecuting Attorneys Association of Michigan, John D. O'Hair, Wayne County Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Saginaw, Amicus Curiae, for Prosecuting Attorneys Association of Michigan.

OPINION

WEAVER, Justice.

The question presented in these consolidated criminal appeals is whether Michigan was barred from indicting these defendants for conspiracy to possess with intent to deliver in excess of 650 grams of cocaine when they had previously been convicted in federal court of conspiracy to possess with intent to distribute more than five kilograms of cocaine and interstate travel to facilitate a cocaine conspiracy. We would hold that the...

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