United States v. Shelby

REVISED MAY 14, 2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 10-20148 April 23, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. REX SHELBY Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM: The defendant, Rex T. Shelby, filed a pretrial appeal from an order by the district court that denied his motion to dismiss, on double jeopardy grounds, a Seventh Superseding Indictment filed against…