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UNITED STATES v. MESPOULEDE

No. 764, Docket 78-1428.

597 F.2d 329 (1979)

UNITED STATES of America, Appellee, v. Patrice MESPOULEDE, a/k/a "Patrice Fabre", Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 10, 1979.

Attorney(s) appearing for the Case

David J. Gottlieb, The Legal Aid Soc., Federal Defender Services Unit, New York City, for defendant-appellant.

Mary Jo White, Asst. U. S. Atty., S. D. New York, New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. New York, Richard D. Weinberg, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before KAUFMAN, Chief Judge, and MULLIGAN and GURFEIN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

This case concerns the applicability of the doctrine of collateral estoppel to the retrial of one count of a multicount indictment. So stated, the issue presented for resolution sounds rather technical in nature, and even dry as dust. But the underlying principles that animate our decision in this case are far from abstruse. We believe that once a defendant has satisfied one jury that he is not guilty of a crime, constitutionally-rooted...

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