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U.S. v. LEWIS

No. 03-10181.

368 F.3d 1102 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. David Gene LEWIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2004.

Attorney(s) appearing for the Case

Donald P. Riordan, Riordan & Horgan, San Francisco, CA, for the appellant.

Erika R. Frick, Assistant United States Attorney, San Francisco, CA, for the appellee.

Before WALLACE, McKEOWN, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge.

David Gene Lewis, a former California correctional officer, appeals the district court's denial of his motion to dismiss the indictment. Lewis raises two issues. First, can Lewis seek interlocutory review of the district court's denial of his "fair warning" defense? Second, did the prosecution's alleged Brady1 violations raise double jeopardy concerns? We answer both questions in the negative.

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