Court of Appeals for the Fifth Circuit November 12, 1980, 79-3952 (United States v. Raymond Sandate, Scott Frazier Coen, AKA William Scott Holden, Robert Jacquet)

GARZA, Circuit Judge:

This case is before us on an appeal from a denial of a motion to dismiss an indictment on double jeopardy grounds.

*327

On January 29, 1979, the appellants were arrested by federal and state authorities while unloading four hundred (400) pounds of marihuana from an airplane into a truck.