UNITED STATES v. RIVERA

No. S 85 CR 1072 (JMW).

634 F.Supp. 204 (1986)

UNITED STATES of America, Plaintiff, v. Peter RIVERA, Jr., a/k/a "Little Pete", Pedro Rivera, Sr., Sonia Rivera, Venus Rivera Rosario, August Laguer, Defendants.

United States District Court, S.D. New York.

April 28, 1986.


Attorney(s) appearing for the Case

Arthur W. Mercado, Asst. U.S. Atty. (Rudolph Giuliani, U.S. Atty.), New York City, for plaintiff.

Leonard F. Joy, Legal Aid Soc., New York City, for Pedro Rivera.

Dwight L. Greene, Hofstra Univ. Law School, Hempstead, N.Y., for August Laguer.

Richard Huffman, Baden, Kramer, Huffman & Brodsky, New York City, for Sonia Rivera.


AMENDED OPINION AND ORDER

WALKER, District Judge.

Introduction

On March 25, 1986, the Court granted the mistrial motions of defendants Pedro Rivera, Sonia Rivera and August Laguer. Each has now moved for dismissal of the indictment on the ground that retrial would constitute double jeopardy. As part of their motions, they seek a hearing and recusal of this judge. The Court now denies all motions.

Facts

Indictment...

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