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UNITED STATES v. VENABLE

No. 78-1262.

585 F.2d 71 (1978)

UNITED STATES of America v. Edward G. VENABLE, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Robert N. deLuca, U.S. Atty., Richard W. Beckler, Deputy Chief, Fraud Section, U.S. Dept. of Justice, Breckinridge L. Willcox, Atty., Fraud Section, U.S. Dept. of Justice, Washington, D.C., for appellee.

Jeffrey M. Miller, Nasuti, Miller & Fioravanti, Philadelphia, Pa., for appellant.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 7, 1978.

OPINION OF THE COURT

GARTH, Circuit Judge.

On this appeal, the defendant Venable seeks review of a denial by the district court of his motion to bar his retrial on two counts of a five count indictment. At his initial trial, Venable was acquitted of three of the five counts in the indictment. As appears in the subsequent factual recital, the three counts of which he was acquitted are related...

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