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U.S. v. GANTLEY

No. 97-6027.

172 F.3d 422 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. John M. GANTLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 30, 1999.

Attorney(s) appearing for the Case

David J. Guarnieri (argued and briefed), Johnson, Judy, True & Guarnieri, LLP, Frankfort, Kentucky, for Defendant-Appellant.

Charles P. Wisdom, Jr. (argued and briefed), Office of the U.S. Attorney, Lexington, Kentucky, for Plaintiff-Appellee.

Before: JONES and COLE, Circuit Judges; O'MALLEY, District Judge.

O'MALLEY, D.J., delivered the opinion of the court, in which COLE, J., joined. NATHANIEL R. JONES, J. (pp. 431-32), delivered a separate concurring opinion.

O'MALLEY, District Judge.

Defendant-appellant John Gantley brings this interlocutory appeal challenging the district court's judgment denying a motion to dismiss a criminal information on grounds of double jeopardy. Because we conclude the district court's judgment was not in error, we AFFIRM and remand...

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