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United States Third Circuit


US v. GEBBIE, 01-1812

After appellants pleaded guilty to misprision of felony in Ohio, prosecution in Pennsylvania for the felony that formed the basis for the misprision pleas was barred by the terms of the plea agreements; for double jeopardy purposes, misprision of the felony of conspiracy is not a lesser-included offense of the conspiracy itself.

Appellate Information

  • Argued 10/29/2001
  • Decided 06/28/2002
  • Published 06/28/2002

Judges

  • Before:  SLOVITER, NYGAARD, and AMBRO, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Paul J. Brysh (Argued), Office of the United States Attorney, Pittsburgh, PA, Counsel for Appellant.

  • For Appellees:
  • Michael R. Hamed (Argued), Messerman & Messerman, Cleveland, OH, Counsel for Appellee, James M. Gebbie., J. Alan Johnson, Johnson & Eddy, Pittsburgh, PA, Counsel for Appellee, Midwest Presort.
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