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UNITED STATES v. ABBAMONTE

Nos. 646, 647 and 695, Docket 84-1345, 84-1346 and 84-1356.

759 F.2d 1065 (1985)

UNITED STATES of America, Appellee, v. Oreste ABBAMONTE, Joseph DelVecchio, and Guy Anthony DiGirolamo, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 10, 1985.

Attorney(s) appearing for the Case

John L. Pollok, New York City (Hoffman Pollok & Gasthalter, New York City, Joseph & Stalonas, New York City, on brief), for defendant-appellant O. Abbamonte.

Gerald L. Shargel, New York City, for defendant-appellant J. DelVecchio.

John Nicholas Iannuzzi, New York City (Iannuzzi, Russo & Iannuzzi, New York City, on brief), for defendant-appellant G. DiGirolamo.

Sidney M. Glazer, Atty., Dept. of Justice, Washington, D.C. (Alan H. Nevas, U.S. Atty., William A. Keefer, John H. Durham, Sp. Attys., Dept. of Justice, New Haven, Conn., on brief), for appellee.

Before NEWMAN, KEARSE, and PRATT, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This pretrial appeal in a criminal prosecution concerns primarily a claim under the Double Jeopardy Clause. Specifically, the issue is whether defendants have made a sufficient showing to require the Government to prove that the narcotics conspiracy alleged in a pending indictment is separate from narcotics conspiracies for which the defendants have previously been convicted and sentenced. Oreste Abbamonte, Joseph DelVecchio, and Guy...

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