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UNITED STATES v. LEYVA-VILLALOBOS

No. 89-50116.

872 F.2d 335 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus LEYVA-VILLALOBOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 24, 1989.

On January 24, 1989, the district court denied appellant's motion to dismiss the indictment and disqualify the special Assistant United States Attorney, finding that neither Fed.R.Crim.P. 6(d) nor 6(e) had been violated. On January 24, 1989, appellant filed a timely interlocutory appeal under United States v. Benjamin, 812 F.2d 548 (9th Cir.), reh'g and reh'g en banc denied (1987).

On March 28, 1989, the Supreme Court...

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