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U.S. v. ENAS

No. 99-10049.

255 F.3d 662 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Michael L. ENAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Granted February 28, 2000.

Argued and Submitted September 20, 2000.

Opinion Filed June 29, 2001.

Attorney(s) appearing for the Case

Richard A. Friedman, United States Department of Justice, Washington, D.C., for plaintiff-appellant United States.

Sigmund G. Popko, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellee Michael L. Enas.

John Trebon, Trebon & Fine, P.C., Flagstaff, Arizona, for amicus curiae Russell Means.

Before: HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, THOMAS G. NELSON, ANDREW J. KLEINFELD, A. WALLACE TASHIMA, SIDNEY R. THOMAS, BARRY G. SILVERMAN, M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and RICHARD C. TALLMAN, Circuit Judges.

Argued and Submitted December 7, 1999 — San Francisco, California.

Rehearing En Banc Granted February 28, 2000.

Argued and Submitted September 20, 2000. San Francisco, California.

En Banc Opinion Filed June 29, 2001.

Opinion by Judge McKEOWN; Concurrence by Judge PREGERSON.

McKEOWN, Circuit Judge:

This case sits at the intersection of two complicated bodies of law: the dual sovereignty exception to double jeopardy, and...

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