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UNITED STATES v. MAKER

Nos. 83-5806, 83-5862.

751 F.2d 614 (1984)

UNITED STATES of America, Appellant, v. Robert James MAKER, a/k/a Robert Maker, a/k/a R.J. Mahar; Constance Bridget Sullivan, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 28, 1984.

Attorney(s) appearing for the Case

J. Alan Johnson, U.S. Atty., Paul J. Brysh (Argued) Asst. U.S. Atty., Pittsburgh, Pa., for appellant.

Thomas A. Livingston (argued), Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for appellee Maker.

John L. Doherty (argued), Manifesto & Doherty, P.C., Pittsburgh, Pa., for appellee Sullivan.

Before WEIS and BECKER, Circuit Judges and ACKERMAN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by the government pursuant to 18 U.S.C. § 3731 (1982) from the dismissal of a mail fraud indictment presents difficult questions regarding the interpretation of the double jeopardy clause of the fifth amendment. It also requires us to consider the elements necessary for proof of a single scheme to defraud.

The indictment charged the defendants, Robert James Maker and Constance B. Sullivan...

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