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U.S. v. GREEN

No. 97-4771.

139 F.3d 1002 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James Neal GREEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1998.

Attorney(s) appearing for the Case

ARGUED: Russell White Templeton, Columbia, SC, for Appellant. Sean Kittrell, Assistant United States Attorney, Charleston, SC, for Appellee. ON BRIEF: J. Rene Josey, United States Attorney, Charleston, SC, for Appellee.

Before WILKINSON, Chief Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Senior Judge BUTZNER wrote the opinion, in which Chief Judge WILKINSON and Senior Judge MICHAEL joined.

OPINION

BUTZNER, Senior Circuit Judge:

James Neal Green appeals the denial of his motion to dismiss an indictment. Green contends that reindictment after a successful § 2255 motion violates the Double Jeopardy Clause and the contractual and due process rights arising from his plea...

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