IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50413 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FRANKLIN ROLLIN JOHNSTON, also known as Johnny Johnston; JERRY LYNN WILKINS, BILLY MACK O’NEILL, also known as BILL O’NEILL, Defendants-Appellants.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-95-CR-154 - - - - - - - - - - June 3, 1997 Before DAVIS, EMILIA M. GARZA and STEWART, Circuit Judges.

PER CURIAM:* Jerry Lynn Wilkins and Franklin Rollin Johnston appeal the district court’s denial of their motions to dismiss the indictment on grounds of double jeopardy. We AFFIRM. See United States v. Singleton, 16 F.3d 1419, 1422 (5th Cir. 1994).

AFFIRMED.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.