United States Fifth Circuit

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US v. Shelby, 10-20148

In the government's motion to dismiss defendant's appeal from the denial of his motion to dismiss, on double jeopardy grounds, a superseding indictment for insider trading and related charges, the appeal is dismissed where: 1) even if the district court and the court of appeals did not adhere, in a companion case, to the "points in controversy" test that defendant urged, there was no basis to conclude that the companion case created an intervening change or "correction" in the applicable law; and 2) the district court's and the court of appeals' conclusions as to certain Summer 2000 acquitted counts did not depend on any reference to certain Early 2000 hung counts.

Appellate Information

  • Decided 04/23/2010
  • Published 04/26/2010

Judges

  • PER CURIAM:, Before KING, STEWART, and HAYNES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel