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U.S. v. JOSE

No. 04-10202.

425 F.3d 1237 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Bryson JOSE; Roberto A. Miguel, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 19, 2005.

Attorney(s) appearing for the Case

Peter C. Wolff, Jr. (argued), Assistant Federal Public Defender, Honolulu, HI, for defendant-appellant Roberto A. Miguel, and Barry D. Edwards (on the briefs), Honolulu, HI, for defendant-appellant Bryson Jose.

Edward H. Kubo, Jr., United States Attorney, and Ronald G. Johnson (argued), Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.

Before D.W. NELSON, CALLAHAN, and BEA, Circuit Judges.

D.W. NELSON, Circuit Judge.

Appellants Bryson Jose and Roberto A. Miguel appeal the district court's denial of their joint motion to dismiss their indictments on double jeopardy grounds. As is relevant here, appellants were convicted of felony murder and three predicate felonies. The counts were charged under one indictment and prosecuted together in one trial. On direct appeal, this court reversed appellants' felony murder convictions, reversed Miguel's conviction...

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