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U.S. v. BERRY

No. 98-1140.

164 F.3d 844 (1999)

UNITED STATES of America v. Darren P. BERRY a/k/a Dwight Braxton a/k/a Ronald Martin a/k/a Derrick Bryant a/k/a Dwayne Briton, Darren P. Berry, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 13, 1999.

Attorney(s) appearing for the Case

David L. McColgin (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

Terri A. Marinari (Argued), Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: BECKER, Chief Judge, NYGAARD, and NOONAN, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This case is before us on interlocutory appeal from the District Court's denial of defendant Darren Berry's motion to dismiss on double jeopardy grounds. Berry was charged with three counts of distributing cocaine base in violation of 21 U.S.C. § 841(a)(1). In his motion to dismiss, Berry argued that the federal prosecution was barred by his earlier plea and sentence in state court on charges arising from...

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