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U.S. v. THOMPSON

No. 01-3014.

287 F.3d 1244 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Douglas G. THOMPSON; Roger D. Thompson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 16, 2002.

Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Appellate Section, Criminal Division, Department of Justice, Washington, DC, (Jackie N. Williams, United States Attorney, District of Kansas; James E. Flory, Acting United States Attorney, District of Kansas; Nancy Landis Caplinger, Assistant United States Attorney, District of Kansas, Topeka, KS, with him on the brief), for Plaintiff-Appellant.

Debra Egli James of Hampton & Royce, L.C., Salina, KS, for Defendant-Appellee Douglas G. Thompson.

Melody Evans, Assistant Federal Public Defender, District of Kansas, Topeka, KS, (David J. Phillips, Federal Public Defender, District of Kansas, Topeka, KS, with her on the brief), for Defendant-Appellee Roger D. Thompson.

Before SEYMOUR, LUCERO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

The United States, plaintiff-appellant, has appealed an order of the United States District Court for the District of Kansas dismissing with prejudice an indictment against Roger D. Thompson and Douglas G. Thompson, defendants-appellees, on statute of limitations grounds. The government asserts that it did not violate the applicable statute of limitations and that the primary issue involves instead a violation of Rule...

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