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UNITED STATES v. LEVY

No. 85-3703.

803 F.2d 1390 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. John B. LEVY, Vincent F. Franzone, Marvin Poole, and Earl W. Moriarity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 10, 1986.

Attorney(s) appearing for the Case

Russell Schonekas, Frank G. DeSalvo, New Orleans, La., for defendants-appellants.

Donald L. Foret, New Orleans, La., for Marvin Poole.

Curtis Collier, Asst. U.S. Atty., John P. Volz, U.S. Atty., Harry W. McSherry, Jr., New Orleans, La., for plaintiff-appellee.

Before WISDOM, RUBIN and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

This appeal presents questions concerning the double jeopardy and collateral estoppel effects of an acquittal on a conspiracy count and related substantive counts. The defendants, John Levy and Vincent Franzone, were previously acquitted by a jury on five counts of misapplication of bank funds, one count of making false statements in connection with certain bank loans, and one count of conspiracy to commit these offenses. They now argue that...

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