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U.S. v. ECKER

Docket Nos. 99-1335(L), 00-1187.

232 F.3d 348 (2000)

UNITED STATES of America, Appellee, v. Christopher Joseph ECKER, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: November 17, 2000.

Attorney(s) appearing for the Case

JAMES P. KENNEDY, Jr., Assistant United States Attorney, Buffalo, New York (Denise E. O'Donnell, United States Attorney for the Western District of New York, Buffalo, New York, on the brief), for Appellee.

JOHN KENNETH ZWERLING, Alexandria, Virginia (Zwerling & Kemler, Alexandria, Virginia, Alan S. Hoffman, Buffalo, New York, on the brief), for Defendant-Appellant.

Before: KEARSE, LEVAL, and SOTOMAYOR, Circuit Judges.

PER CURIAM.

Defendant Christopher Joseph Ecker appeals (1) from a February 22, 2000 order of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, denying his motion to dismiss the indictment against him on the ground that the present prosecution violates his right under the Fifth Amendment to the Constitution to be free from double jeopardy ("February 2000 order" or "double jeopardy order"), and (2) from a May 25...

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