UNITED STATES v. LARKIN

No. 78-2124.

605 F.2d 1360 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas A. LARKIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1979.


Attorney(s) appearing for the Case

James M. Russ, I. Paul Mandelkern, Orlando, Fla., for defendant-appellant.

David B. Smith, App. Sec., Crim. Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and GEE, Circuit Judges.


GOLDBERG, Circuit Judge:

This case involving the arcane principles of double jeopardy and collateral estoppel is not susceptible of bright-letter law or black-letter law; the areas are most often gray, and dimly to be seen. Needless to say, one entering this field must do so with trepidation.

As a result, the battles in these areas are pockmarked by assaults, retreats, and advances. In both fields we look for terrain that has been fought over, and cast our...

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