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U.S. v. REITER

No. 1219, Docket 88-1125.

848 F.2d 336 (1988)

UNITED STATES of America, Appellee, v. Mark REITER, Angelo Ruggiero, Vito Loiacono, Raymond Clark a/k/a "Romar," Leonard Rollack a/k/a "Petey," a/k/a "Peter Rollack," a/k/a "Peter Ifill," Timothy Smith a/k/a "Heartbeat," and Alfred Dicks, Defendants, Mark Reiter, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 10, 1988.

Opinion June 3, 1988.

Attorney(s) appearing for the Case

Mark M. Baker, Slotnick & Baker, New York City (Barry Ivan Slotnick, Slotnick & Baker, New York City, of counsel), for defendant-appellant.

Maria T. Galeno, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty. for the S.D. of New York; Robert Hammel, Asst. U.S. Atty., Linda Imes, Asst. U.S. Atty., of counsel), for appellee.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

Mark Reiter appeals an order of the United States District Court for the Southern District of New York, Richard Owen, Judge, denying Reiter's motion to dismiss a predicate act contained in a substantive racketeering charge and referred to in a conspiracy charge on the ground that prosecution was barred by the Double Jeopardy clause of the United States Constitution. Reiter alleges that the same conspiracy was charged in a 1983 indictment in the...

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