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U.S. v. CASTIGLIONE

No. 87-1226.

876 F.2d 73 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Randy CASTIGLIONE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1988.

Amended May 23, 1989.

Attorney(s) appearing for the Case

David R. Emerich, Jackson, Hargrove, Hillison & Emerich, Timothy V. Magill and David R. Mugridge, Nuttall, Berman & Magill, Fresno, Cal., for defendant-appellant.

Gail Brodfuehrer, Asst. Atty. Gen., Tax Div., Washington, D.C., for plaintiff-appellee.

Before SKOPIL and LEAVY, Circuit Judges, and BURNS, District Judge.

LEAVY, Circuit Judge:

Phillip Randy Castiglione appeals the district court's denial of his motion to dismiss Counts Five through Nine of a superseding indictment. Castiglione contends that the Double Jeopardy Clause applies because the original indictment was dismissed with prejudice and Counts Five through Nine of the superseding indictment are identical to certain counts charged in it. The original indictment was still pending when the superseding indictment was...

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