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UNITED STATES v. KWANG FU PENG

No. 1262, Docket 85-1054.

766 F.2d 82 (1985)

UNITED STATES of America, Appellee, v. KWANG FU PENG, a/k/a "K.F. Peng," Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 26, 1985.

Attorney(s) appearing for the Case

Robert Polstein, New York City (Polstein, Ferrara & Campriello, Austin V. Campriello, Anthony J. Ferrara, New York City, of counsel), for defendant-appellant.

Martin J. Auerbach, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Stuart E. Abrams, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before FEINBERG, Chief Judge, MESKILL and NEWMAN, Circuit Judges.

FEINBERG, Chief Judge.

Kwang Fu Peng appeals from an order of the United States District Court for the Southern District of New York, David N. Edelstein, J., denying his motion to dismiss an indictment because it subjected him to double jeopardy. Appellant's first trial ended in a mistrial, declared sua sponte by Judge Edelstein after the judge disqualified appellant's counsel from continuing in the case. 602 F.Supp. 298. For...

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