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U.S. v. JACOBO-ZAVALA

Nos. 00-1890, 00-2040.

241 F.3d 1009 (2001)

UNITED STATES of America, Appellee. v. Andres JACOBO-ZAVALA, Appellant. United States of America, Appellee. v. Rafael Loeza-Gordillo, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2001.

Attorney(s) appearing for the Case

Maria R. Moran, U.S. Atty's Office, Omaha, NE, for Appellee.

Julie A. Frank, Frank & Gryva, Omaha, NE, for Appellant.

Before WOLLMAN, Chief Judge, LAY, and BEAM, Circuit Judges.

WOLLMAN, Chief Judge.

Andres Jacobo-Zavala was convicted of possession with intent to distribute and conspiracy to distribute methamphetamine. Rafael Loeza-Gordillo was convicted of conspiracy to distribute methamphetamine. Both men appeal, arguing that the district court improperly denied leave of court to dismiss the indictment against them under Federal Rule of Criminal Procedure 48(a). We reverse.

I.

Police in Omaha, Nebraska, arrested Jacobo...

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