United States v. Andrew Hawthorne

Defendant Hawthorne appeals his conviction for the offense of unlawful possession of stolen government checks. His sole contention is that the indictment should have been dismissed because an earlier complaint charging him with the same offense had, on the government’s motion, been dismissed without prejudice when it should have been dismissed with prejudice. We affirm.

On March 10, 1981, the appellant was arrested pursuant to a complaint charging him with knowing possession of a stolen United States Treasury check. Upon being brought before the magistrate, a preliminary hearing was set for…