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U.S. v. GEBBIE

No. 01-1812.

294 F.3d 540 (2002)

UNITED STATES of America, Appellant, v. James M. GEBBIE, Midwest Presort Mailing Services, Inc., and James D. Richter

United States Court of Appeals, Third Circuit.

Filed: June 28, 2002.

Attorney(s) appearing for the Case

Paul J. Brysh (Argued), Office of the United States Attorney, Pittsburgh, PA, Counsel for Appellant.

Michael R. Hamed (Argued), Messerman & Messerman, Cleveland, OH, Counsel for Appellee, James M. Gebbie.

J. Alan Johnson, Johnson & Eddy, Pittsburgh, PA, Counsel for Appellee, Midwest Presort.

Before: SLOVITER, NYGAARD, and AMBRO, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

We are asked to determine whether plea agreements between Appellees and the U.S. Attorneys for the Northern and Southern Districts of Ohio bar the present prosecution. Appellees pleaded guilty to misprision of felony in Ohio, and now the U.S. Attorney for the Western District of Pennsylvania is prosecuting Appellees for the felony that formed the basis of the misprision pleas. The District Court dismissed that...

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