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U.S. v. ESPOSITO

Crim. A. No. 89-036.

726 F.Supp. 991 (1989)

UNITED STATES of America, Plaintiff, v. Walter ESPOSITO, Defendant.

United States District Court, D. New Jersey.

December 8, 1989.

Attorney(s) appearing for the Case

David A. Ruhnke, Buhnke & Barrett, West Orange, N.J., for defendant.

V. Grady O'Malley, Sp. Atty., and Samuel A. Alito, Jr., U.S. Atty., Newark, N.J., for plaintiff.

OPINION AND ORDER

POLITAN, District Judge.

This matter comes before the Court on defendant Walter Esposito's motion to dismiss the Indictment on the grounds that this criminal prosecution is barred by principles of double jeopardy and collateral estoppel and also is a "vindictive prosecution" which deprives him of due process. On February 1, 1989, a three count Indictment was returned by the grand jury charging defendant Esposito with three separate acts...

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