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U.S. v. McHENRY

No. 1:93 CR 0084.

830 F.Supp. 1023 (1993)

UNITED STATES of America, Plaintiff, v. Ellis McHENRY, Defendant.

United States District Court, N.D. Ohio, E.D.

May 11, 1993.

Attorney(s) appearing for the Case

Phillip Tripi, Asst. U.S. Atty., U.S. Attorney's Office, Cleveland, OH, for plaintiff.

Debra M. Hughes and Donald N. Krosin, Asst. Federal Public Defenders, Cleveland, OH, for defendant.

MEMORANDUM OPINION AND ORDER

DOWD, District Judge.

On April 29, 1993, this Court denied defendant Ellis McHenry's (defendant) motion to dismiss counts 2, 4, and 6 of the indictment as violating the double jeopardy clause of the Fifth Amendment, (docket No. 22). Defendant has filed a notice of an interlocutory appeal of the Court's April 29, 1993, and has orally moved for a stay of the criminal proceedings until after the double jeopardy issue is resolved...

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