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U.S. v. CIANCAGLINI

No. 88-1438.

858 F.2d 923 (1988)

UNITED STATES of America, Appellee, v. Joseph CIANCAGLINI, a/k/a Chickie, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 13, 1988.

Attorney(s) appearing for the Case

Nicholas J. Nastasi (argued), Nicholas J. Nastasi, P.C., Philadelphia, Pa., for appellant.

David E. Fritchey, Arnold H. Gordon, Albert J. Wicks, Louis R. Pichini, Philadelphia Strike Force, Philadelphia, Pa., Andrew Levchuk (argued), U.S. Dept. of Justice, Crim. Div., Appellate Staff, Washington, D.C., for appellee.

Before GIBBONS, Chief Judge, and SEITZ and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

We are presented in this case with the issue of whether the Double Jeopardy Clause bars the prosecution of appellant Joseph Ciancaglini for RICO substantive and conspiracy charges under 18 U.S.C.A. §§ 1962(c), (d) (West 1984). He was earlier convicted of RICO statutory charges involving the same enterprise. One of the predicate acts underlying the present charges partially overlapped the first indictment...

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