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U.S. v. BEATY

No. 97-6007.

147 F.3d 522 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Roscoe R. BEATY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1998.

Rehearing and Suggestion for Rehearing Denied August 13, 1998.

Attorney(s) appearing for the Case

Peter J. Strianse (argued and briefed), Tune, Entrekin & White, Nashville, TN, for Defendant-Appellant.

William Cohen, Asst. U.S. Attorney (argued and briefed), Office of the U.S. Attorney, Nashville, TN, for Plaintiff-Appellee.

Before: KENNEDY and BATCHELDER, Circuit Judges; HULL, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 13, 1998.

OPINION

KENNEDY, Circuit Judge.

Defendant Roscoe R. Beaty was indicted for illegal gambling, in violation of 18 U.S.C. § 1955 and § 2, and conspiracy to commit illegal gambling, in violation of 18 U.S.C. § 371. He was tried on the charges, but the court declared a mistrial and eventually scheduled the case for retrial. Beaty subsequently filed a motion to dismiss...

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