Court of Appeals for the Ninth Circuit July 12, 1982, 81-1691 (United States v. Loan Kim Barker)

HUG, Circuit Judge:

Loan Kim Barker seeks dismissal of an indictment charging her with first degree murder and conspiracy to commit murder. Barker negotiated a plea agreement with the Government under which she pleaded guilty to second degree murder and the Government moved to dismiss the indictment. When Barker’s guilty plea was set aside, the Government reinstated the original indictment.