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UNITED STATES v. PERSICO

Nos. 1727, 1730 and 1731, Dockets 85-1285, 85-1286 and 85-1288.

774 F.2d 30 (1985)

UNITED STATES of America, Appellee, v. Carmine PERSICO, Andrew Russo, and Hugh McIntosh, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 17, 1985.

Attorney(s) appearing for the Case

Stanley M. Meyer, New York City (Frank A. Lopez, New York City, on brief), for defendant-appellant Persico.

George L. Santangelo, New York City (Santangelo, Santangelo & Cohen, New York City, on brief), for defendant-appellant Russo.

Susan G. Kellman, Brooklyn, N.Y. (Genovesi and Kellman, Brooklyn, N.Y., on brief), for defendant-appellant McIntosh.

Bruce A. Baird, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Aaron R. Marcu, Frank H. Sherman, Asst. U.S. Attys., New York City, on brief), for appellee.

Before NEWMAN and WINTER, Circuit Judges, and HOLDEN, District Judge.

JON O. NEWMAN, Circuit Judge.

This is an interlocutory appeal from an order of the District Court for the Southern District of New York (John F. Keenan, Judge) denying a motion to dismiss pending criminal charges on the grounds that prosecution is barred by the Double Jeopardy Clause, prior plea agreements in the Eastern District of New York, and Rule 11 of the Federal Rules of Criminal Procedure. For substantially the reasons set forth in Judge Keenan's comprehensive...

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