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U.S. v. HATFIELD

No. 96-4286.

108 F.3d 67 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Fred L. HATFIELD, Sr., d/b/a HVAC Construction Company, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 7, 1997.

Attorney(s) appearing for the Case

ARGUED: John Dennis Delgado, Columbia, SC, for Appellant. Eric William Ruschky, Assistant United States Attorney, Columbia, SC, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, Columbia, SC, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Senior Judge HARVEY joined.

OPINION

NIEMEYER, Circuit Judge:

This case presents the question of whether a debarred government contractor may be prosecuted criminally for the same fraudulent conduct that led to the debarment. The defendant, arguing that his debarment constituted punishment, asserts that the Double Jeopardy Clause of the Fifth...

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