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U.S. v. FRYE

No. 02-60524.

372 F.3d 729 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. James Edward FRYE, also known as Sealed Defendant 2, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 4, 2004.

Attorney(s) appearing for the Case

Steven L. Lane (argued), U.S. Dept. of Justice, Crim., Div., App. Section, Washington, DC, for Plaintiff-Appellant.

Julie Ann Epps (argued), Canton, MS, Cynthia H. Speetjens, Frazer & Davidson, Cynthia Ann Stewart, Jackson, MS, for Defendant-Appellee.

Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The Government's interlocutory appeal presents two points: our jurisdiction; and the district court's ruling that the Government may not seek the death penalty against James Frye, pursuant to finding that, by misrepresenting it would not seek the penalty, the Government violated Frye's Sixth Amendment right to a speedy trial.

We have jurisdiction. And, because there has not been a speedy trial violation, we need not...

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