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U.S. v. HOLLAND

No. 91-5111.

956 F.2d 990 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Vernon O. HOLLAND and James Davis Drane Mauldin, Jr., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 13, 1992.

Attorney(s) appearing for the Case

Kenneth P. Snoke, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., with him on the briefs), Tulsa, Okl., for plaintiff-appellee.

William A. Cohan, Cohan & Greene, Encinitas, Cal. (Lowell H. Becraft, Jr., Huntsville, Ala., and James D. Williams, Tulsa, Okl., with him on the briefs) for defendants-appellants.

Before HOLLOWAY, MOORE and BRORBY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This interlocutory appeal asks whether Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), bars a second prosecution for certain violations of the Internal Revenue Code after defendants' first trial on similar charges ended in a mistrial. Vernon O. Holland and James Davis Drane Mauldin, Jr., hinge their double jeopardy claim to the government's dismissal, with prejudice, of a charge...

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