UNITED STATES v. DeMARCO

No. 84-5885.

791 F.2d 833 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph DeMARCO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 16, 1986.


Attorney(s) appearing for the Case

Winkel & Sims, William M. Winkel, West Palm Beach, Fla., for defendant-appellant.

Leon Kellner, U.S. Atty., Karen Atkinson, Linda Collins-Hertz, David O. Leiwant, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before VANCE and HATCHETT, Circuit Judges, and SWYGERT, Senior Circuit Judge.


HATCHETT, Circuit Judge:

This appeal involves double jeopardy and collateral estoppel claims. The district court held that the government could put the appellant to trial, on substantive charges of violating 18 U.S.C. § 2314, even though in an earlier trial, appellant was acquitted of conspiring to violate 18 U.S.C. § 2314. The district court also held that the government could use the same time period as covered in the earlier conspiracy trial, with one...

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