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U.S. v. GONZALEZ

No. 00-1284.

248 F.3d 1201 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Frank Daniel GONZALEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 2, 2001.

Attorney(s) appearing for the Case

Sean Connelly, Assistant United States Attorney (Thomas L. Strickland, United States Attorney and James C. Murphy, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Warren R. Williamson, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellee.

Before KELLY, BALDOCK, and LUCERO, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the district court's dismissal of the indictment against Frank Gonzales. We have jurisdiction under 18 U.S.C. § 3731 if double jeopardy does not bar the appeal. United States v. Hunt, 212 F.3d 539, 542-43 (10th Cir.2000). We conclude that the appeal is not barred by double jeopardy and reverse and remand for further proceedings.

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