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UNITED STATES v. MARKUS

No. Crim. A. 84-220.

604 F.Supp. 736 (1985)

UNITED STATES of America, Plaintiff, v. Louis MARKUS, Defendant.

United States District Court, D. New Jersey.

March 15, 1985.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty. by Faith S. Hochberg, Asst. U.S. Atty., Newark, N.J., for plaintiff.

Peter V. Ryan, Asst. Federal Public Defender, Newark, N.J., for defendant.

OPINION

SAROKIN, District Judge.

Defendant seeks to dismiss this action on double jeopardy and collateral estoppel grounds. An earlier indictment against defendant was dismissed by the court on jurisdictional grounds. Had defendant's motion in the earlier case been made prior to trial, no claim of double jeopardy could now arise. However, defendant intentionally awaited the impanelling of a jury before making...

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