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UNITED STATES v. MELVIN

No. 80-5123.

650 F.2d 641 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. James Martin MELVIN, Bruce Latshaw, a/k/a Bruce Baker, Jerome Mergist, Steve Lee, a/k/a Steve Johnson, Robert Alexander Nichols, David Larkin and Robert Vincent Blasiotti, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

July 13, 1981.

Attorney(s) appearing for the Case

Gary L. Betz, U.S. Atty., Thomas E. Morris, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellant.

Harry L. Shorstein, Jacksonville, Fla., for Melvin et al.

Maurice Wagner, Holly Hill, Fla., for Latshaw & Nichols.

William J. Sheppard, Jacksonville, Fla., for Mergist & Lee.

David E. Goldman, North Miami Beach, Fla., Allan P. Clark, Jacksonville, Fla., for Larkin.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The United States appeals from the dismissal of the indictment in this marijuana importation conspiracy case. The dismissal was imposed as a sanction for the government's intrusion into the appellees' attorney-client relationship by and through a co-defendant, turned confidential informant, Charles Powell. We reverse.

I. FACTS AND POSTURE OF THE CASE

The material facts are not seriously disputed. In early March...

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