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UNITED STATES v. DePRIMA

No. 77 CR 329.

445 F.Supp. 370 (1978)

UNITED STATES of America v. John DePRIMA, Defendant.

United States District Court, E. D. New York.

February 22, 1978.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty., Brooklyn, N. Y. (Jeffrey H. Kay, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for plaintiff.

Martin Erdman, New York City (Marion Seltzer, Federal Defenders Services Unit, The Legal Aid Society, Brooklyn, N. Y., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant moves to dismiss the indictment on the ground that a further trial would subject him to double jeopardy in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

The case has had a peculiar history. Defendant was charged with violations of the laws against possession and transfer of counterfeit currency. 18 U.S.C. §§ 472, 473. The trial...

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