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U.S. v. BEGAY

No. 09-2163.

602 F.3d 1150 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Johnny BEGAY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 12, 2010.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellant.

Margaret A. Katze, Assistant Federal Public Defender, Office of Federal Public Defender, Albuquerque, NM, for Defendant-Appellee.

Before BRISCOE, McWILLIAMS, and TYMKOVICH, Circuit Judges.

BRISCOE, Circuit Judge.

In this interlocutory appeal, the government challenges the district court's order dismissing with prejudice, pursuant to Fed.R.Crim.P. 48(b)(1), a superseding indictment charging defendant Johnny Begay with multiple counts of aggravated sexual abuse of a child in Indian Country, and directing the parties to proceed to trial on the original indictment, which charged Begay with a single count of aggravated sexual abuse of a child in Indian Country...

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