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U.S. v. SHERRETT

No. CR 92-298-JO.

877 F.Supp. 519 (1995)

UNITED STATES of America, Plaintiff, v. Thomas G. SHERRETT, aka Thomas Sullivan; et al., Defendants.

United States District Court, D. Oregon.

February 8, 1995.

Attorney(s) appearing for the Case

Kristine Olson Rogers, U.S. Atty., Dist. of Or., Charles W. Stuckey, Kenneth C. Bauman, Michael W. Mosman, Asst. U.S. Attys., U.S. Attys. Office, Portland, OR, John S. Ransom, Ransom Blackman & Weil, Portland, OR, for defendant Sherrett.

Robert C. Weaver, Jr., Garvey Schubert & Barer, Portland, OR, for defendant Thanh Hai Vominh.

Norman Sepenuk, Portland, OR, for defendant Tan Vominh.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ROBERT E. JONES, Judge:

Defendants Thomas Sherrett, Thanh Hai Vominh, and Tan Vominh move to dismiss the indictment in this action on the grounds that it violates the Double Jeopardy Clause of the Fifth Amendment. The government moves for an order staying the proceedings pending final resolution of the $405,089 case or, if no stay is issued, it argues that defendants' motion should be denied.

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