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U.S. v. GARY

No. 01-3086.

291 F.3d 30 (2002)

UNITED STATES OF AMERICA, Appellee, v. Blen A. GARY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2002.

Attorney(s) appearing for the Case

Richard Seligman, appointed by the court, was on the briefs for appellant.

Roscoe C. Howard, Jr., U.S. Attorney, Susan A. Nellor, John R. Fisher, and Roy W. McLeese III, Assistant U.S. Attorneys, were on the brief for appellee.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge. (The decision in this matter was reached upon consideration of the record and the parties' briefs, but without oral argument, pursuant to D.C. Circuit Rule 34(j).)

Opinion for the Court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

Appellant Blen Gary pled guilty to one count of bank fraud in violation of 13 U.S.C. § 1344, conditioned on her right to appeal the District Court's denial of her motion to dismiss the indictment against her. On appeal, Gary claims that the District Court erred in denying her motion to dismiss, because the underlying indictment was obtained in violation of a plea agreement in...

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