United States Seventh Circuit

District court's grant of defendant's motion to dismiss retrial for mail fraud is reversed as it incorrectly determined that issue preclusion applied since the defendant failed to meet his burden of demonstrating that the acquittals in the first trial necessarily decided in his favor an issue that would be ultimately be required to convict him in the second, and as such, nothing about defendant's conspiracy acquittal leads to a conclusion that the jury necessarily determined that he did not act with an intent to defraud.

Appellate Information

• Argued 10/20/2008
• Decided 08/26/2009
• Published 08/26/2009

Judges

• BAUER, Circuit Judge., Before BAUER, KANNE and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Stuart D. Fullerton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Paul A. Wagner (argued), Chicago, IL, for Defendant-Appellee.