United States Second Circuit

Denial of defendant's motion to dismiss a racketeering conspiracy charge on double jeopardy grounds is affirmed over claim that the protections of the Double Jeopardy Clause were triggered when, pursuant to a plea agreement, the court previously dismissed with prejudice another racketeering conspiracy charge against him that was allegedly based on the same offense conduct.

Appellate Information

• Decided 09/17/2007
• Published 09/17/2007

Judges

• CALABRESI, Circuit Judge:, Before:  CALABRESI, WESLEY, Circuit Judges, OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Thomas J. Seigel, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (David C. James, Assistant United States Attorney, on the brief), for Appellee., Diarmuid White, White & White, Port Washington, N.Y. (Brendan White & James Froccaro, on the brief), for Defendant-Appellant.