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U.S. v. RICE

No. 96-7213.

109 F.3d 151 (1997)

UNITED STATES of America v. Melinda RICE a/k/a Melinda Edwards, Melinda Rice, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 17, 1997.

Attorney(s) appearing for the Case

Charles E. Engeman (argued); Dudley, Topper and Feuerzeig Law House, Charlotte Amalie, St. Thomas, VI, for Appellant.

Audrey L. Thomas-Francis (argued); Office of the United States Attorney, United States Courthouse, Charlotte Amalie, St. Thomas, VI, for Appellee.

Before: SCIRICA, NYGAARD and McKEE, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether a general discharge under honorable conditions from the United States Army for cocaine possession bars a subsequent federal criminal prosecution on double jeopardy grounds.

I. Facts and Procedural History

On December 26, 1994, Melinda Rice, a private in the United States Army, attempted to clear United States customs at the Cyril E. King airport in St. Thomas, U...

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