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UNITED STATES v. SCHWARTZ

Nos. 83-1276, 84-1102.

763 F.2d 1054 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Sol C. SCHWARTZ, Raymond F. Lane, Frank C. Marolda, and Abe Chapman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 1985.

Argued March 12, 1985.

Submitted April 2, 1985.

Decided June 18, 1985.

Attorney(s) appearing for the Case

Joseph P. Russoniello, Sanford Svetcov, Nancy Simpson, William R. Martin, San Francisco, Cal., for plaintiff-appellant.

Jack W. Londen, James J. Brosnahan, Karen Snell, Morrison & Foerster, San Francisco, Cal., for S. Schwartz.

A.J. Kramer, Asst. Federal Public Defender, San Francisco, Cal., for R. Lane.

Manton L. Selby, San Francisco, Cal., for A. Chapman.

Alan J. Ruby, Morgan, Ruby, Teter, Schofield, Franich, Bouchier & Fredkin, San Jose, Cal., for F. Marolda.

Before DUNIWAY and ANDERSON, Circuit Judges, and COUGHENOUR, District Judge.

No. 83-1276 Argued April 11, 1984.

No. 84-1102 Argued March 12, 1985.

J. BLAINE ANDERSON, Circuit Judge:

In these consolidated appeals, the United States challenges the district court's dismissal of a total of fifteen counts, which were originally brought against the defendants under one indictment. We reverse as to the counts involved in Appeal No. 83-1276 and we dismiss Appeal No. 84-1102 because we find it is barred by the Double Jeopardy Clause...

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