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U.S. v. HOWE

No. 08-1021.

538 F.3d 820 (2008)

UNITED STATES of America, Appellee, v. Joshua Lee HOWE, also known as Josh Harris, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 2008.

Attorney(s) appearing for the Case

Erin Cassinelli Couch, argued, Jack T. Lassiter, on the brief, Little Rock, AR, for appellant.

Edward O. Walker, AUSA, argued, Laura G. Hoey, AUSA, on the brief, Little Rock, AR, for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

BEAM, Circuit Judge.

Joshua Lee Howe brings this interlocutory appeal from the denial of his motion to dismiss two counts in his indictment, conspiracy to commit kidnapping and kidnapping, on double jeopardy and collateral estoppel grounds. The district court1 ruled that Howe would not be twice placed in jeopardy by, and that the government was not collaterally estopped from pursuing, either count. We affirm.

I. BACKGROUND

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